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ALADE
V.
ABIONA

(2002) JELR 56273 (CA)

Court of Appeal 20 Feb 2002 Nigeria
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Case Details

Suit Number:CA/1/156/91
Judges:MORONKEJI OMOTAYO ONALAJA, JCA (Presided) DALHATU ADAMU, JCA FRANCIS FEDODE TABAI, JCA (Read the Lead Judgment)
Counsel:O. Akeredolu, SAN (with him, A. A. Olawoye, Esq.) - for the Appellant . F -*- Respondents were not represented.

TABAI, JCA (Delivering the Lead Judgment): The claim of the plaintiff who is appellant herein against the defendants/respondents was for - “(a) N100,000.00 damages jointly and severally for trespass committed by the defendants, by themselves and or through their agents, servants and/or privies or otherwise howsoever on the plaintiff’s landed property situate lying and being at Oyere Amokegun village via Ile-Ife.

(b) Injunction restraining the defendants by themselves, their agents, servants, and/or privies or otherwise howsoever from committing further acts of trespass on the said land.” Pleadings were filed and exchanged. The trial itself involved the testimony of six witnesses for the plaintiff’s case and ten witnesses for the defence. At the end of the trial, the learned trial Judge found the 1st, 2nd and 9th defendants liable in trespass and awarded the sum of N600.00 (six hundred naira) general damages. The present appeal is against the said award. Three grounds of appeal were f…

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