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ADEGBITE
V.
OGUNFAOLU & ANOR

(1990) JELR 42985 (SC)

Supreme Court 13 Jul 1990 Nigeria
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- The plaintiff claimed damages for trespass and sought an injunction, alleging that the defendants unlawfully entered her land (Plot 38, Parakoyi Layout, Ibadan) and demolished her building foundation; both parties claimed title and posses

Case Details

Suit Number:SC.141/1987
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE 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 ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria
Counsel:R.A. Sarumi (With him, A.A. Yesufu) For Appellant R.A. Ogunwole For Respondent
Other Citations:Adegbite v. Ofunfaolu (1990) NWLR (Pt.146) 578 (1990) 7 S.C (Pt II) 123

WALI, JSC (Delivering the Leading Judgment): By an amended writ of summons taken out in the High Court of Ibadan Judicial Division of the High Court of Justice, Oyo State, the plaintiff claimed against the defendants as follows:-

"1. The plaintiffs claim is AGAINST THE DEFENDANTS JOINTLY and severally is for a sum of ₦5000.00 (five thousand naira) being special and general damages for trespass committed by the defendants when they unlawfully entered on the plaintiffs land lying and situated at Plot 38, Parakoyi Layout, Molete, Ibadan, and damaged the plaintiff's foundation laid thereon.

2. An injunction restraining the defendants from committing further acts of trespass on the said land."

The defendants denied the plaintiffs claim. Pleadings were therefore ordered and exchanged.

The plaintiff's case as presented in her pleadings and evidence can be stated thus:-

The plaintiff bought the land in dispute described as plot 38, Parakoyi Layout, Molete, Ibadan from W.B. Parakoyi on 1st Jun…

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