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BELLO
V.
THE DIOCESAN SYNOD OF LAGOS & ORS

(1973) JELR 48795 (SC)

Supreme Court 23 Mar 1973 Nigeria
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- Plaintiff, as administrator of his late mother’s estate, sued multiple defendants—including the Lagos Executive Development Board ("L.E.D.B.") and a church committee—for damages and an injunction based on structural damage caused by adjac

Case Details

Suit Number:SC.229/1970
Judges:GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria DAN IBEKWE Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Counsel:Chief F. R. A. Williams For Appellant A. A. Adesanya for the 2nd, 3rd and 4th respondents. A. A. Agunbiade for the 5th respondent. For Respondent
Other Citations:(1973) All N.L.R 196 Bello v. The Diocesan Synod of Lagos (1973) 3 S.C. 72

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The present appellant, Alhaji Y.A.O. Bello, became, in the events that happened, the plaintiff in an action originally instituted by his mother, Madam Ashinmowu Bello, in the High Court, Lagos and in which the writ was originally endorsed as follows:

"The plaintiffs claims against the defendants jointly and severally are (a) 8,000 pounds special and general damages for damage done to the plaintiff's property at No.1 Edwin Street, Lagos due to the negligence/nuisance of the defendants in the execution of building operations being carried out by the defendants on their land St John's Aroloya Church adjoining the plaintiff s property.

(b) An injunction restraining the defendant from doing further damage to the plaintiff's said property."

The original plaintiff died soon after the filing of some of the pleadings but before the actual trial of the action. The present appellant, who will hereafter in his judgment be referred to as t…

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