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ADEBANJO
V.
BROWN

(1990) JELR 42983 (SC)

Supreme Court 8 Jun 1990 Nigeria
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- The case involves a dispute over trespassing on a piece of land. - The trial court dismissed the plaintiff's case, but the Court of Appeal allowed the appeal and awarded damages to the plaintiff. - The defendant offered an alternative lan

Case Details

Suit Number:SC.132/1986
Judges:ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria MOHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria ABDUL GANIYU OLATUNJI AGBAJE Justice of The Supreme Court of Nigeria ABUBAKARBASHIR WALI Justice of The Supreme Court of Nigeria
Counsel:Chief G. O. K. Ajayi, S.A.N. (with him, S. A. Adesokan) For Appellant Adetayo Awo1esi (with him, S. A. Fahoro) For Respondent
Other Citations:Adebanjo v. Brown (1990) NWLR (Pt.141) 661 (1990) 6 S.C 63

KAWU, JSC (Delivering the Leading Judgment): Alfred Adeyinka Brown, who was the original plaintiff in this case in the High Court died on the 6th day of September, 1984, and the present respondent, one of his children, was substituted in his place. So all references to "the Plaintiff" or "the Respondent" in this judgment will be to the original plaintiff.

In the High Court of Lagos State, the respondent as plaintiff brought an action against the appellant, claiming in his amended writ of summons, as follows:-

"1. N2,000.00 (Two thousand naira only) being special and general damages for trespass committed by the defendant on the plaintiff's land at Tanimeda, in the Surulere district of Lagos, Lagos State within the jurisdiction of this court, a plan of which land, that is to say the plaintiff's land is attached, marked 'A', numbered 1, 9 and 10 and edged red.

2. Perpetual injunction restraining the defendant, his servants and/or agents from further trespassing on the said land or any p…

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