ARABA
V.
ELEGBA

(1985) JELR 39828 (CA)

Court of Appeal · CA/L/154/84 · 4 Dec 1985 · Nigeria
·

Other Citations

Araba v. Elegba (1986) 1 NWLR (Pt.16)

CORAM

ADENEKAN ADEMOLA Justice of The Court of Appeal of Nigeria PHILIP NNAEMEKA-AGU Justice of The Court of Appeal of Nigeria UTHMAN MOHAMMED Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms ^Beta

evidence

plaintiff

contract

learned trial judge

special damages

land instruments registration law

law reform

local government

laws of lagos state

only witness

supreme court

facts of the case

form work

law cap

learned counsel

mr. abayomi

officials of ikoyi

only demolition

said document

tipper loads of gravel

20th day of may

building contractor

completion of the erection of the building

evidence of possession of the property

first floor of the said building

following reliefs

general rule

ground floor

grounds of appeal

lagos high court

lagos state

land instrument registration law cap

leading judgment

material averment

miss farinatu elegba

occupation of the said premises

order of injunction

particular reference

plaintiff evidence

plaintiffs statement of claim

possession of the plaintiff

possession of the said property

support of his case

top floors of the said building

two-storey building

NNAEMEKA-AGU, JCA (Delivering the Leading Judgment): In a Lagos High Court, the plaintiff claimed against the defendant the following reliefs:-

"(a) ₦50,000.00 general and special damages for trespass committed on diverse dates on or about the 20th day of May, 1982, by the Defendant his servants and/or agents who unlawfully broke and entered the premises situate and known as No. 42 Odo Street, Obalende, Lagos, which was in possession of the Plaintiff and damaged the building thereon erected by the plaintiff.

(b) A perpetual injunction restraining the Defendant his servants and/or agents from further committing an act of trespass by interfering with the Plaintiff's possession and/or occupation of the said premises."

The facts of the case as revealed in the pleadings and evidence before the court are brief. The plaintiff, a building contractor agreed in writing with the defendant and three others to erect a two-storey building at No. 42, Odo Street, Obalende, Lagos which belonged to the…

ARABA V. ELEGBA

ARABA
V.
ELEGBA