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JIMOH ADEKOYA ODUBEKO V. VICTOR OLADIPO FOWLER & ANOR

(1993) JELR 43254 (SC)

Supreme Court  •  SC.58/1988  •  17 Sep 1993  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; ABUBAKAR BASHIR WALI JSC; OLAJIDE OLATAWURA JSC; MICHEAL EKUNDAYO OGUNDARE JSC; SYLVESTER UMARU ONU JSC;

Appearances
Yomi Alokolaro, Esq. For Appellant M. P. Ohwovoriole, SANS.W. Baidi, Esq. For Respondent

Judgement

ONU. JSC (Delivering the Leading Judgment): In the High Court of Lagos State presided over by Oshodi, J. the appellant, who was the plaintiff, caused a writ of summons to issue against the respondents who therein were defendants, for:

"1. Declaration of title in fee simple on a piece or parcel of land situate, lying and being at No. 20 Idera Street, Palmgrove, Mushin West, Lagos State, a site plan of which shall be filed later.

2. ₦200.00 for general damages for trespass to the said land.

3. Perpetual injunction restraining the defendants, their servants and/or agents from committing further acts of trespass to the said land. Annual rental value is about ₦20.00"

Pleading were ordered, duly filed and exchanged with the same being further amended by various court orders. The case went to trial with the appellant giving evidence and calling two witnesses whilst the respondents, for their defence, called three witnesses in all. The learned trial Judge gave judgment for the appellant on 8t…

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