(1997) JELR 40284 (CA)    

Court of Appeal  ·  CA/L/217/92 ·  10 Jun 1997 ·  Nigeria
Other Citations
Adeagbo v. Williams (1998) 2 NWLR (Pt.536)
Adeagbo v. Williams (1998) 2 NWLR (Pt. 536) 120
DAHIRU MUSDAPHER Justice of The Court of Appeal of Nigeria RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria
Core Terms Beta
okota family
better title
facts of the case
learned trial judge
survey plan
evidence act
leading judgment
names of the people
abundant evidence
actual physical possession
adverse parties
building plan
common radical owner
common radical owner sell
complete agreement
defendant appellant
different dates
evidence act of the laws of the federation
evidence law of lagos state
evidence of sale
evidence of the respondent
following issues
further acts of trespass
human person
lord advocate v
matter of the presumed infraction of his interest
military government
particular statement of the court
physical possession
plaintiff claims
plaintiffs land
possession of a parcel of land
preponderance of evidence
privy council
purchase price
respondent having
respondent shows
said land
statement of the learned trial judge
sum of n6000.00
trial judge
vendor of the plaintiff
witnesses none

PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): By a writ of summons dated 22/9/96, the plaintiff claims against the defendant-

(1) the sum of N6000.00 (Six thousand Naira) being damages for trespass committed on or about the 13th day of September, 1986 on the plaintiffs land and situate at 12 Prince Hamidu Williams Way, Okota, Isolo and shown on survey plan no. JLA/18/81.

(2) An injunction restraining the defendant, his servants and or agents from committing further acts of trespass on the said land.

The facts of the case are that the plaintiff now the respondent stated that he is in possession of a parcel of land situate at 12 Prince Hamidu Williams Way at Okota, Isolo which land forms part of a larger area of land belonging to Okota family and which he bought from the family at Okota in 1975. He stated that he erected a building on the land, but between 1984-85 he was detained by the Military Government and even though he had erected a building on that land, the defendan…

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