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OSHINJIRIN & ORS V. ALHAJI ELIAS & ORS

(1970) JELR 42435 (SC)

Supreme Court  •  SC.63/1968  •  3 Apr 1970  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; CHARLES OLUSOJI MADARIKAN JSC; UDO UDOMA JSC;

Judgement

COKER, J.S.C. (Delivering the Leading Judgment)-The appellants are six of the defendants in an action in which the respondents as plaintiffs had claimed as follows:-

"The plaintiffs claim against the defendants jointly and severally 'a350,000 being special and general damages for wrongfully entering the plaintiff's bus terminal at Agege Motor Park No. 1 on the 21st of October, 1963 and pulling down two culverts damaging other parts of the premises and further preventing the plaintiffs from using a portion of the premises thereafter.

The plaintiffs also ask for an injunction to restrain the defendants, their servants, and or agents from continuing or repeating the trespass complained for."

The 1st defendant in the court below was the Agege District Council and the 2nd defendant, one H. O. Dairo, was the secretary of the Council. As against both the 1st and 2nd defendants in the court below the plaintiffs' claims were dismissed on grounds connected with the Local Government Law Cap. 65 …

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