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DANDAWI
V.
OLAJUYIN

(2014) JELR 57858 (HC)

High Court 3 Apr 2014 Nigeria
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- The plaintiff, claiming as a descendant of Ewi Aroloye, sought N2 million general damages and a perpetual injunction against the defendants (Asa family), alleging trespass on land opposite Okesa Market, Ado-Ekiti, and asserting joint or a

Case Details

Suit Number:HAD/37/06
Counsel:Rotimi Adabembe, Esq. - for the Plaintiff. -*- Chief Makanjuola Esan, SAN (with him, Abiodun Obaweya, Esq. and Kayode Oluwasola, Esq.) - for the Defendants.

DARAMOLA CJ (Delivering the Judgment): The plaintiff’s claim against the defendants jointly and severally is as follows:

1. 2 million general damages for the acts of trespass committed and still being committed by the defendants on the plaintiffs’ land situate at Opposite Okesa Market, Ado-Ekiti.

2. An order of perpetual injunction, restraining the defendants, their agents, servants or privies from further committing acts of trespass on the plaintiff’s land.

Pleadings were ordered and duly exchanged. This action has had a chequered history. When it was first filed and was being tried in another court before it was transferred to this court, there were two plaintiffs. The 2nd plaintiff had since died, leaving only one plaintiff. No order of substitution was sought and none was granted. The plaintiff testified and called four additional witnesses.

Alhaji Rasidi Dandawi, an Islamic cleric, is the plaintiff in this matter.

He knew Folake Adebolu who was the 2nd plaintiff in this matter but …

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