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N.O.OGUNBIYI V. ABDULKADIR ISHOLA

(1996) JELR 33504 (SC)

Supreme Court  •  SC.216/1990  •  28 May 1996  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; MICHAEL EKUNDAYO OGUNDARE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SYLVESTER UMARU ONU JSC; YEKINI OLAYIWOLA ADIO JSC;

Judgement

ONU, J.S.C (Delivering the Leading Judgment): The Kwara State High Court presided over by Fabiyi, J., on 11th July, 1986 dismissed the appellant's claim against the respondent. The appellant, then plaintiff had in his writ of summons, later elaborated in paragraph 10 of his amended statement of claim, sought the following reliefs against the respondent, then defendant as follows:-

"(i) N1,600 special damages and N3,400 general damages for trespass.

(ii) An order of this honourable court mandating the defendant to remove the building the defendant is setting up on the plaintiffs said land at 53 Ibrahim Taiwo Road, Ilorin; and

(iii) A perpetual injunction prohibiting the defendant, his servants and/or agents from committing further acts of trespass on the plaintiff's aforesaid land."

After pleadings were ordered, filed and exchanged, the case went to trial. Its dismissal in a well considered judgment by the learned trial Judge was followed by an appeal by the appellant, who was aggriev…

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