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S & D CONSTRUCTION COMPANY LTD. v. CHIEF BAYO AYOKU & ANOR

(2002) JELR 42053 (CA)

Court of Appeal  •  CA/L/422/01  •  18 Nov 2002  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA PIUS OLAYIWOLA ADEREMI JCA CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA

Judgement


OGUNTADE, J.C.A. (Delivering the Leading Judgment): In suit No. ID/1221/95, the appellant (hereinafter referred to as the plaintiff) brought its suit against the respondents (hereinafter referred to as the defendants) claiming the following reliefs:

"(1) A declaration that the plaintiff is the owner of the leasehold interest of all the piece or parcel of land lying and situate at Isolo Expressway more particularly described and delienated on the survey plan attached to the deed of lease dated 17th day of February, 1978 and registered as No.85 at page 85 in volume 1739 of the Lands Registry Office in Lagos.
(2) Damages for trespass committed by the defendants on the said land in the sum of ₦10,000.00.
(3) A perpetual injunction against the defendants their servants agents and/or their privies from committing further acts of trespass on the said land."

The plaintiff later filed its statement of claim. The defendants filed an amended statement of defence and counter-claim dated 24/3/97. …

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