(1973) JELR 39949 (SC)    

Supreme Court  ·  SC.125/1972 ·  13 Apr 1973 ·  Nigeria
Other Citations
(1973) All N.L.R 281 (1973) 4 S.C. 9
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria DAN IBEKWE Justice of The Supreme Court of Nigeria
Core Terms Beta
exhibit n
suit no.
statement of claim
consent judgment
learned chief justice
supreme court
ajiya family
learned trial judge
present case
declaration of title
due execution of exhibit e
high court of lagos state
high court of western nigeria
mr ogunsanya
onitire chieftaincy family
original owners of the land
set aside
suit no.ld
dismissal of the said counter-claim
end of the evidence
exhibit a
exhibit h
facts of the case
favour of the respondent
federal supreme court
final judgment
following terms
leading judgment
matter of law
mr. lardner
plaintiffs claim
plaintiffs root of title exhibit e
plot no.
representatives of the estate of j. a. daniel
respect of the land
suit no.1
taylor c.j.
title deeds
view of the consent judgment of the supreme court
wrong decision

T. O. ELIAS, C.J.N. (Delivering the Leading judgment): In Suit No.LD/265/69, Taylor C.J., in the High Court of Lagos State entered judgment on 11th January, 1971 for the plaintiff against the defendant in trespass and dismissed the defendant's counterclaim for title in fee simple in respect of the land in dispute. On 12th January, 1971, the learned Chief Justice also granted the plaintiff an injunction restraining the defendant, his agents and/or servants from further trespassing on the land. The plaintiffs claim from the defendant was for the sum of 200pounds as damages for trespass allegedly committed by the latter on the plaintiff's land known as Plot No. 92, Mr J.A. Daniel's allotment or 33 Omobola Street, Ikate, Surulere, Lagos; the plaintiff also sought an injunction restraining the defendant and his agents and/or servants from committing further acts of trespass on the land in question. The defendant filed a counterclaim in which he sought a declaration of title to the said lan…

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