CHIEF SUNDAY OGUNYADE V. SOLOMON OLUYEMI OSHUNKEYE & ANOR
(2007) JELR 49383 (SC)
Supreme Court
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SC.364/2002
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13 Jul 2007
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Nigeria
Coram
NIKI TOBI JSC;
DAHIRU MUSDAPHER JSC;
ALOMA MARIAM MUKHTAR JSC;
WALTER SAMUEL NKANU ONNOGHEN JSC;
FRANCIS FEDODE TABAI JSC;
Appearances
Appellant not represented For Appellant
O. A. R. Ogunde, Esq. For Respondent
Judgement
<p>D. MUSDAPHER, J.S.C (Delivering the Leading Judgment): In the High Court of Justice of Lagos State, in the Ikeja Judicial Division and in suit No.ID/133/81 the first respondent herein as the plaintiff commenced these proceedings against the appellant as the defendant claiming in his writ of summons as follows:</p><p> "1. The sum of N50,000.00 being damages for trespass committed by the defendant, his agents, servants and privies on plaintiff's landed property at Sholuyi Village, Gbagada, Ikeja Division of Lagos State and which said land with its dimensions and abuttals are more particularly described and delineated on the plan No. CD/41/71 drawn and attached to the Deed of Conveyance dated 18th December, 1972 and registered F as No.61 at page 61 volume 1467 of the Lands Registry Office Lagos and therein edged PINK.</p><p> 2. Injunction restraining the defendant by himself his servants and/or agents and otherwise from going or otherwise trespassing on or in any manner interfering with the plaintiff'…</p>