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MRS. GRACE ODUSANYA v. MR. KOLADE OSINOWO

(1999) JELR 43640 (CA)

Court of Appeal  •  CA/L/12/97  •  25 Nov 1999  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; PIUS OLAYIWOLA ADEREMI JCA; IFEYINWA CECILIA NZEAKO JCA;

Judgement

OGUNTADE, J.C.A. (Delivering the Leading Judgment): At the High Court Ikeja, the respondent was the plaintiff and the appellant, the defendant. I shall hereafter refer to the parties as 'plaintiff' and 'defendant'. The plaintiff claimed for;

"(a) Declaration that Plaintiff is entitled to certificate of Occupancy in respect of all that piece or parcel in Egbe Village, Lagos State, the Plan of which shall be filed later.

(b) The sum of N10,000.00 (Ten Thousand Naira) being special and general damages for continuous acts of trespass on the said land at Egbe Village, Lagos State from November, 1985 which acts of trespass is (sic) continuing despite repeated warnings by the plaintiff together with an order for possession.

(c) Perpetual injunction restraining the defendant, his servants and privies from further acts of trespass on the said land."

The parties filed and exchanged pleadings after which the suit was tried by Martins J. The plaintiff testified and called a land surveyor as h…

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