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SUNDAY DANIEL OBICHE V. JOHN A. ADETONA

(2008) JELR 33066 (CA)

Court of Appeal  •  CA/L/464/2005  •  24 Nov 2008  •  Nigeria

Coram
HON. JUSTICE DALHATU ADAMU JCA; (OFR) JCA JCA; HON. JUSTICE P.A GALINJE JCA JCA; HON. JUSTICE A. JAURO JCA JCA;

Judgement

DALHATU ADAMU, OFR, J. C. A. (Delivering the Leading judgment): This is an appeal against the judgment of the High Court of Lagos State, Ikeja judicial division in suit no. LD/1577/88 (Per A.J. Coker J) delivered on 18/4/2005. In the said suit (which was commenced by a writ of summons filed on 8/11/88) the respondent (as plaintiff) sued the appellant (as defendant) claiming (as per paragraph 15 of the supercedent (as statement of claim) as follows:

"15 WHEREOF Plaintiff claims:

(a) A declaration of title to the parcel of land lying situate and being at Oko-Oba, Agege, Lagos State measuring 1340.152 Square metres shown Oil survey plan No. JO204/82.

(b) N5, 000.00 (Five Thousand Naira) damages for acts of trespass committed by the defendant, his agents and/or servants; and

(c) Perpetual injunction restraining the defendant from committing further acts of trespass on the land. "- (See pages 4 - 5 of the record of appeal).

On the above claims, the defendant/appellant (hereinafter called t…

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