(2014) JELR 39873 (SC)    

Supreme Court  ·  SC.185/2003 ·  9 May 2014 ·  Nigeria
IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria
Core Terms Beta
access road
trial court
lower court
suit no.
exhibit p1
statement of claim
court of appeal
issue estoppels
private road
customary court
town planning authority
customary court judgment
judgment of the trial court
torts of trespass
issue of title
moore road
appellants community
appellate court
leading judgment
obstruction of road subject of claim amounts
unlawful construction of the road
4th issue
adjacent land
brief facts
community resident
court of appeal act
court of appeal ibadan division
court of law
decision of the learned trial judge
dismissed appeal
exhibit p1 suit no.
findings of trial court
high court ile-ife
ile-ife high court of justice
instant case
judgment of the lower court
learned trial court
major road
osun state
previous judgment
raise issue of title
said elusoji
strip of land subject matter of dispute

M.S. MUNTAKA-COOMASSIE, J.S.C. (Delivering the Leading Judgment): It is clear that the Appellants were the plaintiffs in the High Court Ile-Ife who instituted the action against the Respondent herein. The plaintiffs now Appellants claimed the following reliefs in paragraph 38 of their statement of claim.

a. N500.000.00 general and aggravated damages for unlawful construction of the road situate, lying between the Nigeria Police Barrack and the defendant's building off Moore Road, Ile-Ife and thereby denied the plaintiffs their right of way by the erection of a shed, back-house building and construction of a soak away pit and septic tank despite repeated warnings.

b. Court's order for removal and filling up the soak away pit and septic tank on the private road the shed and the part of the back house that obstructed the road.

c. Injunction restraining the defendant by herself or by her servants or agent or otherwise howsoever from the repetition or continuance of the acts above complain…

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