ALOBA PHARM. CHEMISTS LTD.
V.
BALOGUN

(1997) JELR 75276 (CA)

Court of Appeal 11 Feb 1997 Nigeria
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Judges:DAHIRU MUSDAPHER, JCA RABIU DANLAMI MUHAMMAD, JCA EMMANUEL OLAYINKA AYOOLA, JCA
Counsel:Chief Olu Dairo for the Appellants; T.E. Williams for the Respondents.
Other Citations:(1997) 6 NWLR (Pt. 509) 509


AYOOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal from three rulings made by Sotuminu, J. in the High Court of Lagos State on 2nd March 1990,20th July 1990 and 22nd February 1991. The appellants (referred to as "the plaintiff' in this judgment) were the plaintiffs in an action against the respondent (referred to as "the defendant" (hereinafter) claiming damages for trespass to a parcel of land and injunction. The gist of the plaintiffs' case on the pleadings was that they were the owners of the land by purchase and that the defendant was their agent for the limited purpose of obtaining on their behalf a certificate of occupancy, but that the latter proceeded to demolish their structures on the land and to erect his own structures thereto. The defendant on the other hand by his amended defence averred that the first plaintiff had conveyed the land to him by virtue of several documents of assignment. He in turn counter-claimed for damages for trespass and injunction. I…

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