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Emmanuel Odufuwa & Ors v. Mrs Ayo Johnson

(1971) JELR 33807 (SC)

Supreme Court  •  SC.294/1968  •  16 Apr 1971  •  Nigeria

Coram
GEORGE SODEINDE SOWEMIMO JSC; IAN LEWIS JSC; UDO UDOMA JSC;

Judgement

SOWEMIMO, J.S.C. (Delivering the Leading Judgment): In suit no. LD/354/67, which was tried at the High Court of Lagos State,

"the plaintiff's claims from the defendants jointly and severally are as follows:

"1. 600Pounds being special and general damages for the wrongful ejectment of the plaintiff by the defendants from the market stall No. A3/24, Obada Market, Sabo, Yaba, Lagos, committed on the 23rd February, 1967 and thereafter

continued.

2. An injunction restraining the defendants, their agents and servants from repeating or continuing the act hereinbefore mentioned or any other act against the legitimate interest of the plaintiff in the said stall."

The learned trial judge, Adedipe J., in his judgment ordered:

(a) 100Pounds as general damages, against the 1st defendant/appellant with 50 guineas costs;

(b) The 2nd defendant should return to the plaintiff's stall, all the articles removed from the stall, as early as possible;

(c) Injunction restraining the two defendants/appell…

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