EYESAN
V.
SANUSI

(1984) JELR 46464 (SC)

Supreme Court 13 Apr 1984 Nigeria
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- The appellant filed a suit against the defendant for trespass on his land and sought damages and an injunction. - The suit was dismissed by the High Court, and the appellant filed an appeal to the Federal Court of Appeal. - Before the app

Case Details

Suit Number:SC.107/1982
Judges:AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Counsel:H. A. Lardner, SAN (with him P.O. Jimoh- Lasisi and C.O. Okwusogu) For Appellant S. M. Olakunri For Respondent

OBASEKI, J.S.C.: (Delivering the Leading Judgment): The appellant herein was the plaintiff in suit No.LD/208/75 he instituted against Y.O. Sanusi in the High Court of Lagos State, Lagos Judicial Division on the 25th day of February, 1975. In that suit, he claimed:

"(1) ₦100.00 general damages for trespass committed by the defendant, his servants and or agents on the plaintiff's land situate at Toye Kuti Street, Igbobi, Lagos State, edged green on the plan No.A1/1975 filed along with the statement of claim covered by certificate of purchase dated the 7th day of February, 1972 and registered as No. 58 at page 58 in volume 1389 of the Register of Deeds in the office at Lagos,

(2) An order of perpetual injunction restraining the defendant, his servants and/or agents from further trespass to the said land."

Pleadings were filed and duly served and the issues joined came up for hearing before Ademola Johnson, J. At the conclusion of the hearing, he delivered a well considered judgment wher…

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