OGUNTADE & ANOR
V.
OGUN

(2021) JELR 108914 (CA)

Court of Appeal · CA/IB/173/2011 · 22 Jan 2021 · Nigeria

CORAM

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

respondent

appellants

evidence

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

trial

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:

CHIEF EDWIN ADISA OGUN AND

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…

OGUNTADE & ANOR V. OGUN

OGUNTADE & ANOR
V.
OGUN