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ADEMETAN
V.
INC. TRUSTEES, R.C.C.G.

(2015) JELR 54363 (CA)

Court of Appeal 26 Mar 2015 Nigeria
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Case Details

Suit Number:CA/L/896/2014
Judges:JOSEPH SHAGBAOR IKYEGH JCA CHINWE EUGENIA IYIZOBA JCA SAMUEL CHUKWUDUMEBI OSEJI JCA
Counsel:Ademola Olowoyeye Esq. [with him, O. Y. Olowoyeye (Miss) and A. Ademetan (Miss)] for the Appellants/Cross-Respondents; Dr. A. O. Sanni (with him, Emeka Ihebie Esq.) for the Respondents/Cross-Appellants.

IYIZOBA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Obadina J. of the High Court of Lagos State in the Lagos Judicial Division in suit No. LD/978/2012, delivered on 24 June 2014. The appellants/cross-respondents as claimants by a writ of summons dated 26 June 2012 and filed on 27 June 2012, instituted this action against the respondents/cross-appellants as defendants claiming as follows:

a. N43,500,000.00 (forty-three million, five hundred thousand naira), being losses accruing by way of loss of use and occupation of the 3-storey building consisting of

(i) Eight number of 3 bedroom flats

(ii) A warehouse; and

(iii) A workshop at 7, Audu Bale Street, Iwaya, Lagos, from 1 January 1998 to 31 December 2012.

b. Possession of 3-storey building consisting of eight number of 3 bedroom flats at 7, Audu Bale Street, Iwaya, Yaba, Lagos State.

c. N5,000,000.00 (five million naira) per annum for loss of use and occupation thereafter till the possession thereof is de…

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