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ADEMOLA A. ODUNSI & ANOR V. DR. STEPHEN R. ABEKE

(2002) JELR 46766 (CA)

Court of Appeal  •  CA/L/304/98  •  2 Dec 2002  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; SULEIMAN GALADIMA JCA; MUSA DATTIJO MUHAMMAD JCA;

Judgement

G. A. OGUNTADE, J.C.A. (Delivering the Leading Judgment): The respondent (hereinafter referred to as the plaintiff) at the Lagos High Court in suit No. LD/1940/96 claimed against the appellant (Hereinafter referred to as either defendants or 1st and 2nd defendants) for the following reliefs:

"1. An order of possession of that property known, addressed and described as No. 4 Oyewunmi Close, Surulere, Lagos, which property is presently being held over and detained by the defendants in this suit.

2. An order directing the defendants to pay the sum of ₦600,000.00 (Six hundred thousand naira) as mesne profits on the said property in dispute from the 1st of April, 1992 to the 1st of April, 1976 at the rate of ₦150,000.00 per annum and thereafter at the said rate pro rate up to and after the judgment of this court until vacant possession is granted."

The parties filed and exchanged pleadings after which the suit was heard by Rhodes-Vivour J. On 24/6/98, the learned trial judge in his judgm…

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