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MADAM ASIMOWU ODUSOGA & ANOR V.L.L. RICKETTS

(1997) JELR 45402 (SC)

Supreme Court  •  SC.57/1990  •  4 Jul 1997  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ABUBAKAR BASHIR WALI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; SYLVESTER UMARU ONU JSC; YEKINI OLAYIWOLA ADIO JSC;

Judgement

M. E. OGUNDARE, J.S.C (Delivering the Leading Judgment): The appellants are defendants in an action instituted by L.L. Ricketts now deceased. Ricketts claimed:

(i) a declaration that the plaintiff is the beneficial owner of the property situate lying and being at Thomas Drive and forming part of a larger area of land covered by a deed of conveyance registered as No.9 at page 9 in volume 1547 of the Lands Registry, Lagos and that the plaintiff is entitled to a certificate of occupancy of the same property (hereinafter called 'the land in dispute);

(ii) N1,000.00 damages for trespass committed by the defendants, servants and agents on the said piece or parcel of land on or about the 29th day of April, 1980.

(iii) Perpetual injunction restraining the defendants, servants and/or agents from further acts of trespass on the land in dispute."

The land in dispute is a portion of the land (4 plots) sold by the administrators of the estate of Babatunde Jemi-Alade deceased in 1965 to the plaint…

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