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ALHAJI IMAM Y. TOGUN & ORS v. MR. JUSTICE I. ISHOLA OLUWA

(2007) JELR 33824 (CA)

Court of Appeal  •  CA/L/516/99  •  3 Apr 2007  •  Nigeria

Coram
ISA AYO SALAMI JCA; CLARA BATA OGUNBIYI JCA; ADZIRA GANA MSHELIA JCA;

Judgement

ISA AYO SALAMI, J.C.A. (Delivering the Leading Judgment) The Plaintiff averred in paragraph 29 of his amended statement of claim as follows:

"AND THE PLAINTIFF CLIAMS:

i. A declaration that the plaintiff is entitled to possession and the holder of a deemed right of occupancy by virtue of the Land Use Act, 1978 of all that portion of land marked C on Survey Plan No. SME/W/258A/7 drawn by Mr. M.A. Seweje and annexed herewith.

ii. The sum of five hundred thousand naira (500,000,00) as general damages for trespass and nuisance perpetrated by the said defendants.

iii. The sum of forty-one thousand naira (N=41,000.00) as special damages for the destruction of the Plaintiffs boundary trees, fruits trees, cassava and top soil on the said portioned land an the 24th of August. 1990.

PARTICULARS OF DAMAGE

1. Boundary trees N=3,000.00

2. Fruit trees (Cassava Cashew, Mango etc) N-3,500.00

3. Cassava N=5,000.00

4. Damage to top Agricultural soil N=30,000.00

Total N=41,500.00

iv. Perpetual injuncti…

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