ALHAJI OSENI OLANIYAN & ORS V. CHIEF MRS. E. T. FATOKI
(2013) JELR 35734 (SC)
Supreme Court
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SC.219/2003
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12 Jul 2013
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Nigeria
Coram
IBRAHIM TANKO MUHAMMAD JSC
JOHN AFOLABI FABIYI JSC
SULEIMAN GALADIMA JSC
MUSA DATTIJO MUHAMMAD JSC
SHENKO STANLEY ALAGOA JSC
Appearances
Olayode Delano with Ahmed Oyegbami For the Appellant;
Aderemi A. Abimbola with Kayode Oyedeji For the Respondent.
Judgement
<p><strong>MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment):</strong> The Respondent in this appeal being the administratrix of the estate of her late husband, Chief Mr. A Fatoki, instituted suit No. HOS/33/95 at the Osun State High Court, herein-after referred to as the trial Court, against the Appellants claiming by paragraph 17 of her further, further amended Statement of Claim as follows:-</p><p> "i. The sum of N100,000 (One hundred thousand naira) being general damages for trespass committed and being committed by the Defendants, their servants, agents and/or privies when they unlawfully entered the Plaintiff's land situate, lying and being at along Ede-Osogbo road, Ofatedo Area, Osogbo, covered by deed of conveyance dated the 13th day of March, 1975 and registered as No. 2 at page 2 in volume 1706 of the lands registry at the office in Ibadan and more particularly described in survey plan No. WP 15/72 attached to the said conveyance. The land in dispute is verged green on the composite surv…</p>