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MR. LAMIDI RABIU v. MR. TOLA ADEBAJO

(2012) JELR 33988 (SC)

Supreme Court  •  SC.129/2004  •  15 Jun 2012  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JSC; JOHN AFOLABI FABIYI JSC; BODE RHODES-VIVOUR JSC; NWALI SYLVESTER NGWUTA JSC;

Judgement

NWALI SYLVESTER NGWUTA, J.S.C. (Delivering the Leading Judgment): Endorsed on the Writ of Summons filed in the Registry of the Ikeja Division of the High Court of Lagos State are the following claims made by the plaintiff (now appellant) against the defendant (now respondent):

'(i) Perpetual injunction restraining the Defendant by himself, his servants, agents, privies and otherwise howsoever trespassing on or in any manner dealing or interfering with the plaintiffs possession of the property lying and situate at No. 7 Adebanjo Street, Soluyi Village, Gbagada, Lagos State.

(2) The sum of N500,000.00 being damages for trespass committed by the Defendant, his agents, servants and or privies on the plaintiff s property situate at No. 7 Adebajo Street, Soluyi Village, Gbagada, Logos State.,,

However, in the amended statement of claim, the plaintiff claimed from the defendant as follows:

claimed from

"(i) A declaration that the plaintiff holds the right of occupancy over the said parcel of…

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