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GILBERT OMOTOLA OLAYINKA V. MADAM KEHINDE OKE

(2002) JELR 53437 (CA)

Court of Appeal  •  CA/L/205/95  •  2 Jul 2002  •  Nigeria

Coram
SULEIMAN GALADIMA, JCA (Presided) PIUS OLAYIWOLA ADEREMI, JCA (Read the Lead Judgment) AMIRU SANUSI, JCA

Judgement

ADEREMI, JCA (Delivering the Lead Judgment): In court below, the respondent who was the plaintiff there per the endorsements in paragraphs 14 and 15 of her further amended statement of claim sought against the appellant who was the defendant in that court the following reliefs:

An injunction restraining the defendant his servants and/or agents from further trespassing on the property and premises situate, lying and being at No. 15/17, Fola Agoro Street, Bashua

Estate, Shomolu, Lagos State and covered by the deed of conveyance dated 15th day of May, 1975 and registered as No. 21 at page 21 in volume 1500 of the Land Registry in the office at Lagos. (2) The sum of N10,000.00 per annum as mesne profit on the premises from the defendant from the 1st day of December, 1975 until the trespass is abated. In the alternative the sum of N40,000.00 being damages for trespass and possession of 15/ 17, Fola Agoro Street, Bashua Estate, Shomolu, Lagos State and covered by a deed registered as No. …

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