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OLUWASEUN O. OLUWOLE v. OLAYIWOLA ABUBAKARE

(2011) JELR 33854 (CA)

Court of Appeal  •  CA/I/173/99  •  12 Dec 2011  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA; ADZIRA GANA MSHELIA JCA; MODUPE FASANMI JCA;

Judgement

MODUPE FASANMI, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Ota Judicial Division, Ogun State delivered on the 15th of December 1994.

Appellant was the Plaintiff at the lower Court. He claimed in his further amended Statement of Claim and plan dated 17th May 1993 the following reliefs:

(a) The sum of N322,000:00k being special and general damages for the Defendant's trespass and destruction of the plaintiff's bread baking building and numerous baking and electrical equipments such as oven and burner, cassava machine, baking pans, cutting machine, mixing machine, electrical equipments etc fixed unto the baking building situate lying and being at Oke-Giwa, Agbado Railway Station, Ifo, Ogun State.

(b) Injunction restraining the Defendant, his servants, agents and privies from continuing and committing further acts of trespass on the said plaintiff's baking building.

Appellant based his claim on the ownership of the land i…

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