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KALE
V.
COKER & ORS.

(1982) JELR 46395 (SC)

Supreme Court 10 Dec 1982 Nigeria
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- The appellant was sued in the Lagos State High Court for trespass and an injunction regarding two leasehold plots at Orona Street, Oshodi, Ikeja, which were allegedly allocated to the original plaintiff by the Oshodi and Arota family in 1

Case Details

Suit Number:SC.33/1982
Judges: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
Counsel:1. H. A. Lardner, Esq., SAN.,2. A. Adekoya, Esq.,3. P. O. Jimoh Lasisi, Esq.,4. Shola Rhodes Esq. For Appellant F. G. Adewole, Esq. For Respondent
Other Citations:KALE v. COKER & ORS. (1982) 12 S.C. (REPRINT)118

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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