AYINDE & ORS
V.
AKANJI & ORS

(1988) JELR 45308 (SC)    

Supreme Court  ·  SC.196/1985 ·  22 Jan 1988 ·  Nigeria
 · 
Other Citations
Ayinde v Akanji (1988) 1 NWLR (Pt.68) 70 (1988) All N.L.R 59 (1988) 1 S.C. 106
CORAM
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria EBENEZER BABASANYA CRAIG Justice of The Supreme Court of Nigeria
Core Terms Beta
plaintiffs
action
1st defendant
defendants
appeal
10th defendants
court of appeal
representative capacity
high court
common interest
civil procedure
representative action
statement of claim
learned trial judge
said land
egba tenants
occupation of the tenants
respect of their holdings
trial judge
further acts of trespass
general damages
honourable justices of the court of appeal
individual holdings
judgment of the high court
occupation of the plaintiffs
plan l
trial of the case
2nd-10th defendants
causes action
customary tenants of the 1st defendant
decision of the trial court
egba tenants of the 1st defendant
evidence of the plaintiff
farm plots
following manner
grounds of appeal
high court of oyo state
high court of western nigeria
lay false claims
leading judgment
onikainkain farm iseyin district
owner of the plaintiffs
preponderance of evidence
subject matter of the action
view of the provisions of order
witnesses behalf

M. L. UWAIS, J.S.C.(Delivering the Leading Judgment): In this appeal the appellants, as plaintiffs, filed an action on 18th December, 1974 in the High Court of Western Nigeria (now High Court of Oyo State) at Oyo, against the respondents, as defendents. There were originally 10 defendants to the action but one of them Michael Opeoluwa died before the trial of the case commenced.

The plaintiffs' claims, as stated in - their amended statement of claim, are as follows

"(1) The sum of N5, 000.00 being general damages for continuing trespass committed by the defendants on the plaintiffs' land situate at Onikainkain Farm Iseyin District sometime in September 1973.

(2) Injunction to restrain the 2nd - 10th defendants, their servants or agents from committing further acts of trespass on the said land or further entry thereon and to restrain the 1st defendant from further disturbing the occupation of the plaintiffs on the said land.

(3) A declaration that the 1st defendant has no right to dis…

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