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SUNDAY OMOYINMI v. GRACE OLU OLANIYAN & ANOR.

(2000) JELR 44138 (CA)

Court of Appeal  •  CA/L/183/92  •  27 Jan 2000  •  Nigeria

Coram
ATINUKE OMOBONIKE IGE JCA; PIUS OLAYIWOLA ADEREMI JCA; IFEYINWA CECILIA NZEAKO JCA;

Judgement

ADEREMI, J.C.A.: (Delivering the Leading Judgment): The appellant (Sunday Omoyinmi) who was the plaintiff at the Lagos High Court holden at Lagos in Suit No. LD/353/72 in their amended writ of summons claimed against the respondents who were the defendants in that court, as follows:

(1) N5, 000:00 being general and special damages for trespass committed by the defendants, their agents and/or servants in February, March, and April, 1972 and also 4th June, 1994 when they, their servants and agents broke and entered plaintiff's land at 5, Oseni Street, Lawanson, Lagos and destroyed all plaintiffs properties.

(2) N2,000:00 being rents due but lost on the properties as from June, 1974 up to June, 1978.

(3) An order setting aside the judgment dated 17/7/67 obtained by 1st defendant in Suit No. IK/187/63 J.C. Onyelu v. Comfort Abiona) on the grounds that:

(a) defendant in that action was denied the opportunity of being heard due to the fraud, acts and omission of the plaintif,f his agents an…

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