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Chief Kehinde Onadehin & Ors v. J. S. Sonuga & Anor

(1974) JELR 41459 (SC)

Supreme Court  •  SC.16/1974  •  19 Dec 1974  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; ATANDA FATAYI-WILLIAMS JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

A. FATAYI WILLIAMS, J.S.C. (Delivering the Leading Judgment): In the Ijebu Ode High Court, the plaintiffs now respondents, claimed against the defendants, now appellants, jointly and severally the sum of 1 ,250 (N2,500) as special and general damages suffered by the plaintiffs as a result of the trespass committed by the defendants by unlawfully entering upon a piece of land known as Agbodu farmland in Simawa Village, Shagamu District, during the months of April and May, 1963. They also asked for an injunction to restrain the defendants their servants and/or agents from committing further acts of trespass on the said land.

In their amended statement of claim, the plaintiff avetered in paragraphs 5 to 12 as follows:-

"5. The plaintiffs aver that Ogbodo, their ancestor, had settled ''and farmed the land for many years before his death. After the death of Ogbodo, Ajayi Amobitasa, his son, inherited the land and continued to cultivate and farm it. He, Ajayi Amobitasa, was the father of t…

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