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ODUTOLA
V.
KAYODE

(1994) JELR 43376 (SC)

Supreme Court 4 Feb 1994 Nigeria
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- The appellant filed a lawsuit against the respondent in the High Court, claiming damages for trespass and an injunction to stop further trespass on the disputed land. - The trial court dismissed the suit, and the appellant appealed to the

Case Details

Suit Number:SC.82/1988
Judges:MUHAMMADU LAWAL UWAIS JSC OLAJIDE OLATAWURA JSC IDRIS LEGBO KUTIGI JSC UTHMAN MOHAMMED JSC YEKINI OLAYIWOLA ADIO JSC
Counsel:Appellant in person; Respondent absent and unrepresented.
Other Citations:Odutola v. Kayode (1994) 2 NWLR (Pt.324)1 (1994) 2 SCNJ 21

UWAIS, J.S.C. (Delivering the Leading Judgment): The appellant herein was the plaintiff in the High Court of former Oyo State holden at Ibadan, where he brought an action against the respondent as defendant, claiming general damages for trespass and injunction to restrain the defendant, his agents, servants or assigns from continuing to commit trespass on the land in dispute. The suit was dismissed by the learned trial Judge -Ademakinwa J. The plaintiff appealed from that decision to the Court of Appeal.

In the Court of Appeal, the plaintiff filed his brief of argument but it seems from the record of appeal that the defendants did not. The facts of what transpired in the Court of Appeal may be narrated as follows: On 25th September, 1984, the appeal came up for hearing. The defendant's counsel was present but the plaintiff was absent as he was not served with the hearing notice of the appeal. Consequently, the appeal was adjourned to the 5th December, 1984. However, the case was not b…

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