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OVERSEAS CONSTRUCTION COMPANY NIGERIA LTD. V. CREEK ENTERPRISES NIGERIA LTD. & ANOR

(1985) JELR 33775 (SC)

Supreme Court  •  SC.110/1984  •  13 Dec 1985  •  Nigeria

Coram
MOHAMMED BELLO JSC; ANDREWS OTUTU OBASEKI JSC; MUHAMMADU LAWAL UWAIS JSC; BOONYAMIN OLADIRAN KAZEEM JSC; CHUKWUDIFU AKUNNE OPUTA JSC;

Judgement

C. A. OPUTA, J.S.C. (Delivering the Leading Judgment): The Plaintiff, now Appellant, originally sued one Defendant - Creek Enterprises (Nig.) Ltd. claiming special and general damages for trespass and an injunction. The writ of Summons dated 15/1/76 was filed on 16/1/76. On an application, the Plaintiff was on the 9th February 1976 granted leave to join a further Defendant, namely Nelphinco and Company Ltd. Pleadings were then ordered and a Statement of Claim and a Statement of Defence were accordingly filed on the 23/4/76 and 27/5/76 respectively. The case was however not tried on these original writ of Summons and Statements of Claim and Defence.

An Amended writ of Summons was filed on 15/4/77. In that writ, the Plaintiff sued Creek Enterprises (Nig.) Limited as the 1st Defendant and the Abandoned Property Authority as the 2nd Defendant and claimed as follows:-

AMENDED WRIT OF SUMMONS

The Plaintiff's claim against the 1st Defendant is for N50,000.00 damages for trespass to the land …

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