(1998) JELR 45658 (SC)    

Supreme Court  ·  SC.179/1992 ·  17 Apr 1998 ·  Nigeria
Other Citations
Ladimeji v. Salami (1998) 5 NWLR (Pt.548) 1 (1998) 4 S.C 1
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
plea of res judicata
res judicata
durodola ajibike
iba oluyole
learned trial judge
statement of claim
traditional history
2nd defendants
blacksmith shed
conclusive proof
leading judgment
learned judge
plaintiff family
court of appeal
lead judgment
learned justices of the court of appeal
parcel of land
previous litigations
said blacksmith workshop
trial judge
adamo alagbede
alagbede compound gege area ibadan
basis of the native courts judgment exhibits
blacksmith workshop of the plaintiff family
conclusion of trial
considered judgment
court of law
decision of the learned trial judge
following heads of the family
grounds of appeal
ingredients of a successful plea of res judicata
judgment of the trial court
leave of the trial high court
member of the plaintiffs
members of the family viz
original grant
plaintiffs n300.00
plan no. f mak
rules of this court
said land
subject matter
wooden shops

OGUNDARE, J .S.C. (Delivering the Leading Judgment): By paragraph 24 of their further amended statement of claim the plaintiffs (who are respondents in this appeal) sued the defendants (now appellants) claiming-

"(a) the sum of N1,000 being damages for trespass committed by the defendants on the parcel of land situate and being at Alagbede Compound Gege Area Ibadan belonging to the plaintiffs' family and in their effective possession, when sometime in February 1980 the defendants trespassed on the said land and thereon erected a wall fence to enclose the blacksmith workshop of the plaintiff family.

(b) Injunction restraining the defendants, his servants or agents from committing further acts of trespass on the land."

Pleadings having been filed, exchanged and, with leave of the trial High Court amended, the case proceeded to trial on the plaintiffs' further amended statement of claim and the defendants' amended statement of defence. At the conclusion of trial and after addresses by le…

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