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PHILLIP OLADIMEJI & ANOR V. MADAM OSHODE & ANOR

(1968) JELR 87325 (SC)

Supreme Court  •  SC. 684/1966  •  31 Dec 1968  •  Nigeria

Coram
ADEMOLA, CHIEF JUSTICE, NIGERIA COKER, JUSTICE, SUPREME COURT LEWIS, JUSTICE, SUPREME COURT

Judgement

COKER, J.S.C. (Delivering the judgment of the Court):

The appellants who were the plaintiffs in the High Court of Lagos, suit No. LD/556/64, had sued the respondents who were the defendants claiming:-

(a) Declaration of title to the piece or parcel of land situate, lying and being at Alan Road, Surulere, Yaba in the mainland of Lagos Property of the plaintiff.

(b) £50 Special and General Damages for trespass and waste committed and is still being committed by the defendant by herself, her servants and/or agents on the plaintiffs’ land situate, lying and being at Alan Road, Surulere, Yaba in the mainland of Lagos.

PARTICULARS OF DAMAGES:

Special Damages:

Value of Crops and Palm Trees destroyed £25

General Damages £25

£50

(c) Injunction to restrain the defendant, her servants and/or agents from further continuing the said act of trespass and waste.”

The first plaintiff is the personal representative of one Jacob Oyinloye Onipede or Jacob Oyinloye (deceased) and it is claimed on behalf of the plai…

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