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APENA & ANOR
V.
AILERU & ANOR

(2014) JELR 34191 (SC)

Supreme Court 11 Jul 2014 Nigeria
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- This is an appeal against a judgment of the Court of Appeal in which the lower court set aside the judgment of the trial High Court and entered judgment for the respondents. - The respondents filed a claim against the appellants for damag

Case Details

Suit Number:SC.173/2004
Judges:WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria KUMAI BAYANG AKAAHS Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
Counsel:Folami Fashe, Esq., with him are: Segun Akintan Esq., and Ikhide Ehighelua, Esq. For Appellant C. V. C. Ihekweazu, Esq., with him is M. B. Jimoh-Akokun Esq. For Respondent

JOHN INYANG OKORO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal holden at Lagos in appeal number CA/L/404/98 delivered on 30th November, 2000 wherein the lower court set aside the judgment of the trial High Court and entered judgment for the present respondents. Dissatisfied with the decision of the Court of Appeal setting aside the judgment they won, the appellants have appealed to this court. A synopsis of the facts will suffice.

The respondents were the plaintiffs in suit No. LD/1727/88 at the Lagos State High Court and claimed against the 1st appellant (as 1st defendant) following reliefs:

"(1) The sum of N200.00 (Two Hundred Naira) being special and general damages for trespass committed by the defendant by himself, his servants, workmen, assigns, privies and agents or otherwise howsoever on all that piece or parcel of land situate, lying and being at Amu Street, Mushin shown in plan Nos. Alof/1095/LA/156 and Alof/1095/LA…

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