(2021) JELR 108914 (CA)    
Court of Appeal  ·  CA/IB/173/2011 ·  22 Jan 2021 ·  Nigeria
Jimi Olukayode Bada Justice of the Court of Appeal Haruna Simon Tsammani Justice of the Court of Appeal Folasade Ayodeji Ojo Justice of the Court of Appeal
Core Terms Beta
special damages
lower court
trial judge
general damages
learned trial judge
dispute plan no. als
trial court
unitad road
award of special damages
disputed land
further acts of trespass
sufficient evidence
amended statement of claim
plaintiff’s land
respondent’s case
supreme court
case of the appellants
following reliefs
perpetual injunction
action of the defendants
acts of trespass
award of special damage
award of the sum of n1,100,000
brief summary of the respondent
chief adetunji fadayiro
chief edwin adisa ogun
claim of the respondent
close of evidence
disputed parcel of land
evidence of the plaintiff witness
finding of the trial court
findings of the learned trial judge
following orders
leading judgment
order setting aside
part of a vast area of land
peaceful possession of the land
physical possession
plaintiff claims
plaintiff vide
position of law
presence of witnesses
presumption of withholding evidence contrary
respective counsel
specific findings
suit no. hct

FOLASADE AYODEJI OJO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ogun State High Court of Justice, Ota Judicial Division in Suit No. HCT/83/2004 between:


1. ADISA OGUNTADE 2. ALHAJI AKEEM AWOJOBI delivered on 20th December, 2010.

The suit was instituted by the Respondent as Plaintiff vide a writ of summons filed on the 19th of March, 2004 which was subsequently amended.

In paragraph 31 of the Amended Statement of Claim filed on the 22nd of April, 2005, the Respondent as Plaintiff sought the following reliefs:

“31. The Plaintiff avers that by the action of the Defendants they have made the Plaintiff suffer untold hardship.

Whereof the Plaintiff claims as follows:

​1. Two million Naira (N2,000,000.00) being special and general damages for trespass committed by the Defendants when they unlawfully entered the Plaintiff’s land situate, lying and being at ORENTE AREA, along UNITAD Road, Off Abeokuta-Lagos Road, Sango Otta, Ogu…

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