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PROVOST LAGOS STATE COLLEGE OF EDUCATION & ORS. V. DR. KOLAWOLE EDUN & ORS.

(2004) JELR 33801 (SC)

Supreme Court  •  SC.48/1999  •  27 Feb 2004  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; SLYVESTER UMARU ONU JSC; ANTHONY IKECHUKWU IGUH JSC; AKINTOLA OLUFEMI EJIWUNMI JSC; NIKI TOBI JSC;

Judgement

IGUH, JSC (Delivering the Leading Judgment): The proceedings leading to this appeal were first initiated in the High Court of Lagos State, holden at Ikeja. In that court, the plaintiffs claimed against the defendants as follows:

"(i) ₦250,000.00 special damages for unlawful destruction of structures and loss of properties as listed in paragraphs 20 and 21 above.

(ii) ₦500,000.00 general damages for trespass.

(iii) A declaration that the plaintiffs were in lawful occupation of the said premises.

(iv) Costs.

(v) Further or other reliefs."

Pleadings were ordered in the suit and were duly settled, filed and exchanged.

At the subsequent trial, both parties testified on their own behalf but called no witnesses.

The case of the plaintiffs is that they carried poultry business under the partnership name of Four Pillars (Nigeria) Associates at Kilometre 30, Oto Awori, Badagry Expressway, Lagos State on a piece or parcel of land acquired by the 1st plaintiff on the 13th day of January, 1972 fro…

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