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J.S. TALABI v. MADAM ABIOLA ADESEYE

(1972) JELR 33441 (SC)

Supreme Court  •  SC.58/1970  •  18 Aug 1972  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; UDO UDOMA JSC; ATANDA FATAYI-WILLIAMS JSC;

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): In the High Court, Ikeja, the plaintiff, who is the respondent in the appeal before us, had sued the appellant, as defendant, for the following claims:-

"(a) The sum of 400pounds as special and general damages for the trespass committed by the defendant on the plaintiff's said land situated and being at Plot 70 Durojaiye Street, Itire, Mushin which is within the jurisdiction of this Court and in lawful possession of the plaintiff.

(b) Possession of the said land situate and being at Plot 70 Durojaiye Street, Itire, Mushin.

(c) An injunction restraining the defendant his agents and/or servants from interfering with the use of the land by the plaintiff her agents or workmen and from trespassing any further on the land."

The plaintiff's writ also contains a further endorsement in the following terms:-

"The plaintiff is the lessee of the said piece of land for the period of 50 years beginning from the 29th November, 1965, from…

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