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AJAO
V.
ASHIRU & ORS

(1973) JELR 33768 (SC)

Supreme Court 16 Nov 1973 Nigeria
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- The plaintiff filed a claim against the defendants for trespass and unlawful seizure of his pepper mill. - The Chief Magistrate dismissed the plaintiff's claim, stating that either the police or the defendants removed the mill and that th

Case Details

Suit Number:SC.277/1973
Judges:TASLIM OLAWALE ELIAS JSC GEORGE SODEINDE SOWEMIMO JSC AYO GABRIEL IRIKEFE JSC
Counsel:Mr.Y.A. Agbaje (with him Mr. J.B. Afolabi) For Appellant Mr.M.O. Onalaja For Respondent
Other Citations:(1973) All N.L.R 708; (1973) 11 S.C. 17

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): In Suit No. MI/559/69 in the Chief Magistrate's Court, Ibadan, the plaintiff's claim is as follows:

"The plaintiffs claim against the defendants jointly and severally is the sum of 350 (Three Hundred and Fifty pounds);

(a) The sum of 100 (one hundred pounds) being general damages for trespass committed by the defendants when the defendants with their servants/agents unlawfully and wrongfully entered into the plaintiffs Pepper Mill workshop situate lying and being at Bode, Ibadan in 30th August, 1969 and caused the said plaintiff's Pepper Mill to be removed away.

(b) The sum of 250 (Two Hundred and Fifty pounds) being Special and general Damages for the unlawful seizure of the plaintiff's Pepper Mill at Bode, Ibadan by wrongfully taking and detaining the said pepper mill from 30th August, 1969 till Sunday 14th, December 1969 whereby the plaintiff was deprived of the use of the said pepper mill which was the means of his livelihood …

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