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O. OGUNDE V. OSENI OJOMU

(1972) JELR 33443 (SC)

Supreme Court  •  SC.75/1970  •  21 Apr 1972  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; IAN LEWIS JSC; UDO UDOMA JSC;

Judgement

UDO UDOMA, J.S.C.(Delivering the Leading Judgment):This is an appeal from the judgment of the High Court of Lagos in suit No. LD/105/67 wherein the claim of the plaintiff, herein respondent, against the defendant, now appellant, was for 500pounds damages for trespass committed on his land situate in Aiyelero Street, at Iwaya, Yaba; and a perpetual injunction.

In his amended statement of claim filed and delivered in obedience to an order of court in that behalf, the plaintiff averred in effect and in so far as it is relevant to this appeal, that the land, the subject matter of the action and on which the defendant committed acts of trespass, was until he was let into possession thereof a portion of an area of land now known as Pedro village, originally granted absolutely as farm land to one Pachecco pedro, alias Daddy Pedro, in 1861; that since the said grant, Pachecco Pedro and his family and descendants have been exercising undisturbed all rights of ownership in and over the whole of…

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