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ELABAYO & ANOR.
V.
DARLINGTON

(1970) JELR 40441 (SC)

Supreme Court 20 Feb 1970 Nigeria
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Case Details

Suit Number:SC.357/1967
Judges:GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria IAN LEWIS Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria
Counsel:Lardner and Banjo For Appellant Adejare for Chief williams For Respondent
Other Citations:(1970) All N.L.R 42

LEWIS, J.S.C. (Delivering the Leading Judgment)- In Suit IK/109/62 the plaintiff's writ read

"The plaintiff claims against the defendants jointly and severally: (i) the sum of 5,000pounds (Five thousand pounds) being special and general damage for trespass committed sometime in May 1962 by the defendants on plaintiff's land situate and lying at Ikeja Division Western Nigeria. (ii) Injunction to restrain the defendants, their agents, servants or assigns from further acts of trespass on the aforesaid land.", and in his statement of claim he traced his claim to title to the land in dispute to a conveyance (exhibit C) to him by Abraham Oso Ojelade on the 26th of August, 1947 whose title in turn was founded on a conveyance (exhibit B) dated the 18th of September, 1943 by one Yesufu Summonu Ladejo, who in turn founded his title on a conveyance (exhibit A) by one Osun Apena dated the 14th of October, 1919. In paragraphs 9 and 10 of the statement of defence the defendants admitted entry on th…

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