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PAPERSACK (NIGERIA) LTD v. ALHAJI J.A. ODUTOLA & ANOR.

(2010) JELR 33205 (CA)

Court of Appeal  •  CA/L/329/02  •  19 Mar 2010  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; ADZIRA GANA MSHELIA JCA; ADAMU JAURO JCA;

Judgement

R. C. AGBO, J.C.A. (Delivering the Leading Judgment): The respondents in this appeal by a writ of summons dated 26th October, 1994 instituted Suit No. LD/4831/94 against the appellant claiming N5 million general damages for trespass committed and still being committed by the defendant on the plaintiff's land known as Plot 44 Block (d) Eric Moore Road, Iganmu industrial Estate Lagos. They also claimed perpetual injunction restraining the defendant from further trespassing on the said plaintiff's property. The parties exchanged pleadings. The appellant thereafter in a motion on notice dated 28th February 2000 prayed the trial High Court as follows:-

"An order dismissing this action for lack of jurisdiction in this honourable court to entertain or determine the reliefs claimed by the plaintiff herein."

The grounds upon which the above prayer was sought were:-

"(i) The plaintiff instituted this action against the defendant not withstanding an earlier action in Suit No. Ld/2209/93 institu…

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