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Chief M.A .Okupe v. B.O. Ifemembi

(1974) JELR 42457 (SC)

Supreme Court  •  SC.223/72  •  29 Mar 1974  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; GEORGE SODEINDE SOWEMIMO JSC; DAN IBEKWE JSC;

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The appellant before us was the plaintiff in an action he had instituted in the High Court, Lagos, Lagos State (Suit No. LD/206/66) in which he claimed against the respondent who was the defendant as follows:

"(a) A declaration of title that the plaintiff is the owner in fee simple of that piece or parcel of land situate lying and being at Iwaya Road, Onike Village Yaba covered by a Deed of Conveyance registered at No. 41 at Page 41 in Volume 1250 of the Lands Registry at Lagos.

(b) Injunction to restrain the defendant his servants and/or agents from further acts of trespass.

(c) 100 Pounds damages for trespass.

(d) Possession of the said land."

We observe that although the writ was issued from the Registry of the High Court on the 16th May, 1966 and an order for pleadings was made in the case on the 11th July, 1966, actual hearing of the case did not commence until the 30th November, 1971. As the records show, the rather long …

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