Ratio DecidendiRatio Decidendi



MOGAJI & ORS.
V.
CADBURY FRY (EXPORT) LTD

(1972) JELR 46128 (SC)    

Supreme Court  ·  SC.284/1969 ·  4 Feb 1972 ·  Nigeria
 · 
Other Citations
(1972) All N.L.R 84 (1972) 2 S.C. 136
CORAM
ADETOKUNBO ADEMOLA Justice of The Supreme Court of Nigeria IAN LEWIS Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
land
plaintiffs
defendant
evidence
trespass
learned trial judge
cadbury fry
isheri road
mr. okunnu
name of the defendant
said farm
said land
acts of trespass
alhaji gbadamosi mogaji
economic crops
high court
prima facie evidence
1st witness
4th november
address of the surveyor
c. o. madarikan
concluding portion of his judgment
continuous possession of the land
cross-examination
dear sirs
further acts of trespass
gbadamosi mogaji
ikeja high court of lagos state
late grandfather
leading judgment
limited liability company
l. olufemi okunnu
messrs. cadbury nigeria
messrs. irving
mr. a.m. ferguson of messrs. irving
mr. l. o. okunnu
only substantial question
order of the court
original owners of the land
possession of part of our clients
possession of the plaintiffs
statement of claim
sufficient evidence
xxxxxx xxxxxx

C. O. MADARIKAN, JSC (Delivering the Leading Judgment): The appellants were the plaintiffs and the respondent was the defendant in the High Court, Ikeja (Suit no. IK/233/65) in an action in which the plaintiffs' writ was endorsed as follows:-

"The plaintiffs' claim against the defendants jointly and severally is for:-

1. 100pounds damages for trespass in that sometime during the month of October, 1965, the defendants and their servants and agents wrongfully entered upon the plaintiffs' land along Ikeja/Isheri Road, Ikeja, cleared the land and erected sheds thereon. The said land is in possession of the plaintiffs.

The defendants continue to trespass on the said land in spite of repeated warnings by the plaintiffs.

2. An injunction to restrain the defendants, their servants and/or agents from committing further acts of trespass on the said land."

Pursuant to an order of the court, the parties filed their respective pleadings, and as the issues were considerably narrowed down by the ple…

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