(1997) JELR 40240 (SC)    

Supreme Court  ·  SC.39/1989 ·  14 Mar 1997 ·  Nigeria
Other Citations
Chieke v Olusoga (1997) 3 NWLR (Pt.494)
Chieke v. Olusoga (1997) 3 NWLR (Pt. 494) 390
MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
orodu street
law reform
original contract
learned trial judge
original defendant
promissory note
purchase price
late john olusoga
above issues
authority of the plaintiff
brief of argument
civil action
common factors
court of appeal
decision of the court of appeal
lagos division
laws of lagos state
leading judgment
mr. john olusoga
ojora chieftaincy family
requirements of section
sale of the building
trial court
above conclusions of the learned trial judge
above findings of fact
aforesaid property
careful consideration of the circumstances
claim of the plaintiff
conclusion of hearing
concurrent findings of the courts
considered judgment
following questions
iyabo oluyemisi olusoga
main issues
orders of that court
original of exhibit
plaintiff claims
said purchase price
sum of n3,000.00
unlawful possession
valid contract
validity of the earlier contract of sale
view of the overwhelming evidence

EMMANUEL OBIOMA OGWUEGBU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Lagos Division which affirmed the decision of Oguntade, J. as he then was in a civil action filed by the plaintiff against the defendants.

The plaintiff who is the appellant herein filed a civil action against the defendants. The claim as stated in paragraph 18 of the Amended Statement of Claim reads:

"18. The plaintiff claims against the defendants jointly and severally:

(1) For loss of use at the rate of N10.00 (Ten Naira) per month per room for the period during which the defendants are found to be in unlawful possession until they give up such damages in trespass to the plaintiff's property situate lying and being at No. 71, Orodu Street, Ajegunle, Apapa.

(2) Injunction restraining the defendants their servants and agents from further acts of trespass on the aforesaid property."

The original defendant was one Mr. John Olusoga who died on 13:4:72 after …

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