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KOTUN
V.
OLASEWERE

(2009) JELR 51739 (CA)

Court of Appeal 30 Apr 2009 Nigeria
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- The claimants/respondents, descendants of Emmanuel Musen Okunubi, sought a declaration that their lease over 36, Idumagbo Avenue, Lagos State subsists until 31 August 2046, damages for trespass, and an injunction. The defendants/appellant

Case Details

Suit Number:CA/L/640/2006
Judges:MONICA BOLNA’AN DONGBAN-MENSEM JCA (Presided) BODE RHODES-VIVOUR JCA (Read the Lead Judgment) ADAMU JAURO JCA
Counsel:R. Seriki (with him, R. O. Bello) - for the Appellants. -*- R. Okesiji (with him, P. O. Samuel and M. A. Adegbaiye) - for the Respondents.

RHODES-VIVOUR JCA (Delivering the Lead Judgment): The proceedings leading to this appeal were initiated on 9 October 1996, in the High Court of Lagos, Lagos State of Nigeria. In that court the claimants , now the respondents, claimed against the defendants, now the appellants as follows:

A declaration that the claimants’ lease over the land and building thereon situate at 36, Idumagbo Avenue Lagos State subsists up to 31 August 2046.

N20,000,000.00 (twenty million naira) damages for trespass to that piece or parcel of land and building thereon situate and being at 36, Idumagbo Avenue, Lagos State and covered by Deed of Lease dated 9 July 1960 and registered as No. 3777 at the Lagos State Land Registry, Lagos, Nigeria. 3. An order of injunction restraining the defendants whether bythemselves, their servants, and/or agents, whomsoever from continuing to trespass on the pieceor parcelof land and building thereon situate and being at 36, Idumagbo Avenue, Lagos State until the expiration o…

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