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FASHANU
V.
ADEKOYA

(1974) JELR 40545 (SC)

Supreme Court 11 Jun 1974 Nigeria
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- The plaintiff sued the defendant for trespass on his land and sought damages and an injunction. - The land in dispute was originally owned by the Oloto Chieftaincy Family and the plaintiff became the owner through a registered Deed of Con

Case Details

Suit Number:SC.141/1973
Judges:GEORGE B. A. COKER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Counsel:Mr. O. Ajose Adeogun For Appellant Mr. K. Sofola For Respondent
Other Citations:FASHANU v. ADEKOYA (1974) 6 S.C. (REPRINT) 72

COKER, J.S.C. (Delivering the Leading Judgment): The principal issues in this appeal are issues of fact. The plaintiff, now appellant, sued the respondent, as defendant, on a writ endorsed for 100 pounds damages for trespass committed by the defendant on the plaintiff's land at Ajoke Dosumu Street, Surulere, and a perpetual injunction against the defendant restraining him from a continuation or repetition of such trespass. The property in dispute is situated as stated by the plaintiff on his writ and it is not seriously disputed by any of the parties that the land on which the building stood was originally owned by the Oloto Chieftaincy Family and that by a series of acts in law the plaintiff became the owner of the land by virtue of a Deed of Conveyance duly registered according to law. It was also the case of the plaintiff that after his purchase of the land he caused an allotment plan of the entire land to be prepared and approved and that the defendant later unlawfully entered upo…

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