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OGUNBIYI
V.
ISHOLA

(1996) JELR 33504 (SC)

Supreme Court 28 May 1996 Nigeria
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- The appellant (plaintiff) claimed damages for trespass, a mandatory injunction to remove a building, and a perpetual injunction against the respondent (defendant) in respect of land at 53 Ibrahim Taiwo Road, Ilorin. - The plaintiff’s titl

Case Details

Suit Number:SC.216/1990
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Counsel:M.O. Oluwole For Appellant Lambo J. Akanbi For Respondent
Other Citations:(1996) 6 NWLR (Pt. 452) 12, Ogunbiyi v Ishola (1996) 6 NWLR (Pt.452)12

ONU, J.S.C (Delivering the Leading Judgment): The Kwara State High Court presided over by Fabiyi, J., on 11th July, 1986 dismissed the appellant's claim against the respondent. The appellant, then plaintiff had in his writ of summons, later elaborated in paragraph 10 of his amended statement of claim, sought the following reliefs against the respondent, then defendant as follows:-

"(i) N1,600 special damages and N3,400 general damages for trespass.

(ii) An order of this honourable court mandating the defendant to remove the building the defendant is setting up on the plaintiffs said land at 53 Ibrahim Taiwo Road, Ilorin; and

(iii) A perpetual injunction prohibiting the defendant, his servants and/or agents from committing further acts of trespass on the plaintiff's aforesaid land."

After pleadings were ordered, filed and exchanged, the case went to trial. Its dismissal in a well considered judgment by the learned trial Judge was followed by an appeal by the appellant, who was aggriev…

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