(1982) JELR 46395 (SC)    

Supreme Court  ·  SC.33/1982 ·  10 Dec 1982 ·  Nigeria
Other Citations
KALE v. COKER & ORS. (1982) 12 S.C. (REPRINT)118
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE 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
Core Terms Beta
exhibit a
federal court of appeal
mr. emmanuel iyiola omiteru
laws of lagos state
high court
land instruments registration law cap
court of law
agreement exhibit a
supreme court
4th day of december
emmanuel iyiola omiteru
further acts of trespass
judgment of the high court
mr. ekundayo olusegun coker
parcel of land
virtue of section
additional evidence
agreed terms
amended statement of claim
a. o. obaseki
appeal fails
arota section of the family
brief resume of the facts of this case
case fall
composite plan exhibit
conclusion of the learned trial judge
contemplation of the parties
emmanuel iyiola oniteru
express provision of a statute
favour of the respondent
findings of the trial judge
high court of lagos state
ikeja district of lagos state
land instrument registration law cap
land of the 1st plaintiff
language of the agreement
leading judgment
learned justice of the court of appeal
parcels of land
proof of such lease
registered land law
registration of the instrument
respect of the said land
said emmanuel iyiola omiteru
separate agreement
subject matter of exhibit c
such counsel
sufficient description of any land

A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): The appellant was the defendant in Suit No. IK/162/68 instituted on the 4th day of December, 1968 by one Emmanuel Iyiola Oniteru (deceased) now substituted by the respondent and one Madam Tayo Coker as plaintiffs in the High Court of Lagos State, Ikeja, claiming:

"(1) 200.00 damages for trespass to their parcels of land lying and being at Orona Street, Oshodi, Ikeja, in respect of which they are leasehold owners; and

(2) injunction restraining the defendant from further acts of trespass."

Pleadings were filed and served and the issues joined eventually came up for trial before Ishola Oluwa, J. At the conclusion of the hearing, Ishola Oluwa, J., in a well considered judgment delivered on the 20th day of June, 1979 found in favour of the respondent. He awarded the respondent N200.00 (Two Hundred Naira) damages for trespass in respect of the two plots to which Omiteru (deceased) was entitled as shown in the composite plan Exhibit…

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