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OGELE
V.
SALIU

(2005) JELR 45144 (CA)

Court of Appeal 10 Mar 2005 Nigeria
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- Plaintiff sued the defendant exclusively for damages and injunctive relief based on alleged destruction and trespass to family land at Budo Nuhu Village, Ilorin, with no claims made against third parties. - Defendant argued he acquired th

Case Details

Suit Number:CA/IL/8/2003
Judges:MUHAMMAD SUIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria
Counsel:Oluwaseun Ayodele Esq. For Appellant M. Gaffar Esq. with him, Tunde Olomu & Y. I. Arowosaiye For Respondent

MUHAMMAD SUIFULLAHI MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): In the High Court of Justice the plaintiff, Alhaji Ishola Are Ogele, claims against the defendant, Alhaji Aileru Dare Saliu, as follows:

"1. Special damages of N190,000 (One hundred and ninety thousand naira) only for the wanton destruction committed by the defendant on the plaintiff's family land, situate, lying and being at along Airport Road, Budo Nuhu Village Ilorin subject matter of this suit on or about 29th day of March, 2001.

PARTICULARS OF SPECIAL DAMAGES

5,000 heaps of yam destroyed by the defendant at N10.00 each N50,000.00

5,000 stems of cassava destroyed by the defendant at N10.00 each N50,000.00

5,000 stems of maize destroyed by the defendant at N10.00 each N50,000.00

10 palm trees destroyed by the defendant at N2,000 each N20,000.00

10 lucust beau trees at N2,000 each N20,000.00

N190,000.00

2. THE SUM OF N100,000.00 on the footing of aggravated and exemplary damages for the trespass commit…

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