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EBOADE & ANOR
V.
ATOMESIN & ANOR

(1997) JELR 45479 (SC)

Supreme Court 2 May 1997 Nigeria
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Case Details

Suit Number:SC.227/1990
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Counsel:Matthew Ade Adepoju (with him, Matilda Ade Adepoju (Miss)) For Appellant Chief O. Akande For Respondent
Other Citations:Eboade v. Atomesin (1997) 5 NWLR (Pt.506) 490, (1997) 5 NWLR (Pt. 506) 490, (1997) JELR 78530 (SC)

I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): The plaintiffs' claims against the defendants jointly and severally are contained in para. 39 of the Amended Statement of Claim. They read as follows -

"(a) Declaration to a Statutory Right of occupancy to that piece or parcel of land situate, lying and being at Atomesin Compound, Nalende, Ibadan shown on plan No. FA 2821 drawn by Mr. A O. Adebogun licensed Surveyor on 2nd February, 1983.

(b) The sum of One Thousand Naira (1,000.00) being general damages for trespass committed by the defendants, their servants and agents on the said parcel of land on 20th day of February, 1983.

(c) An order of injunction restraining the defendants, their servants, agents privies or anyone claiming through them from committing any further acts of trespass on the said parcel of land."

The parties filed and exchanged pleadings. The defendants' Statement of Defence and counter-claim contained a counter-claim in para. 41 thus -

"Wherefore the defend…

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