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ODUBEKO
V.
FOWLER & ANOR

(1993) JELR 43254 (SC)

Supreme Court 17 Sep 1993 Nigeria
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- The appellant filed a lawsuit against the respondents seeking a declaration of title to a piece of land, damages for trespass, and an injunction. - The trial judge ruled in favor of the appellant, but the Court of Appeal overturned the de

Case Details

Suit Number:SC.58/1988
Judges:ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria MICHEAL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
Counsel:Yomi Alokolaro, Esq. For Appellant M. P. Ohwovoriole, SANS.W. Baidi, Esq. For Respondent
Other Citations:Odubeko v. Fowler (1993) NWLR (Pt.308)637 (1993) 9 SCNJ 185

ONU. JSC (Delivering the Leading Judgment): In the High Court of Lagos State presided over by Oshodi, J. the appellant, who was the plaintiff, caused a writ of summons to issue against the respondents who therein were defendants, for:

"1. Declaration of title in fee simple on a piece or parcel of land situate, lying and being at No. 20 Idera Street, Palmgrove, Mushin West, Lagos State, a site plan of which shall be filed later.

2. ₦200.00 for general damages for trespass to the said land.

3. Perpetual injunction restraining the defendants, their servants and/or agents from committing further acts of trespass to the said land. Annual rental value is about ₦20.00"

Pleading were ordered, duly filed and exchanged with the same being further amended by various court orders. The case went to trial with the appellant giving evidence and calling two witnesses whilst the respondents, for their defence, called three witnesses in all. The learned trial Judge gave judgment for the appellant on 8t…

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