CHIEF F. O. OSHUNDUN V. MR. OLALOYE OLABODE
(2003) JELR 51534 (CA)
Court of Appeal
•
CA/IL/8/2002
•
19 May 2003
•
Nigeria
Coram
SYLVANUS A. NSOFOR JCA (Presided and Read the Lead Judgment) PATRICK IBE AMAIZU JCA WALTER SAMUEL NKANU ONNOGHEN JCA
Appearances
J. O. Ijaodola - for the Appellant .
-*-
B. F. Lawal - for the Respondent .
Judgement
<p><strong> NSOFOR JCA (Delivering the Lead Judgment): </strong> This is an appeal from the decision of the Kwara State High Court, (M. O. Adewara, J.) holden at Offa in suit No. KWS/OF/26/95 on the 27th of September, 2001. It is as a land suit.</p><p>The plaintiff’s claims as per paragraph 24 of the statement of claim, A which superseded the writ (i.e. the claim) See <em> Lahan and Ors. v. Lajoyetan and Ors. </em> (1972) 6 SC 190 read: “Whereof the plaintiff claim (sic) against the defendant as follows:-</p><p><em> A declaration that the plaintiff is the owner of a piece </em> or parcel of land situate at No.137, Olofa Way,</p><p>Offa upon which the plaintiff had an uncompleted building of two shops, two rooms with a kitchen completed and remordified (sic) by the defendant to a 3 three shops, two rooms (sic), a toilet with birth (sic) room.</p><p>An order of this honourable court that the defendant vacate and/or evict (sic) the said building situate and being at No. 137, Olofa Way, Offa; N500,000.00 as general damages being (sic) act of trespass co…</p>