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IBRAHIM
V.
OJOMO & ORS.

(2004) JELR 45039 (SC)

Supreme Court 30 Jan 2004 Nigeria
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- The dispute concerned properties at 42 and 44 Doherty Street, Lagos, which formed part of the estate of Chief Michael Eledumo Ojomo; the appellant purported to act on a development agreement (exhibit D11) executed by only two out of three

Case Details

Suit Number:SC.249/2000
Judges:IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria
Counsel:S.A. Bashua, Esq. For Appellant Segun Onakoya, Esq. For Respondent

EDOZIE JSC (DELIVERING THE LEADING JUDGMENT): The respondents herein were the plaintiffs at the Lagos High Court in suit No. LD/1929/90 where they claimed against the appellant as defendant as per the further amended statement of claim dated 31st March, 1992, and the amended writ of summons dated 15th April, 1992, the following reliefs:

"(a) The sum of six million naira being special and general damages for trespass committed by the defendant on their properties at Nos. 42 and 44 Doherty Street, Lagos.

(b) Perpetual injunction restraining the defendant and their agents or privies from further committing any acts of trespass on the said land or intermeddling with the administration of the said property.

(c) An account of all monies collected from the various tenants in the said properties from 1st July, 1987."

The defendant in his further amended statement of defence denied the plaintiffs' claim. At the trial each party called witnesses to substantiate its claim or defence. From the pleadi…

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