(2007) JELR 49383 (SC)    

Supreme Court  ·  SC.364/2002 ·  13 Jul 2007 ·  Nigeria
Other Citations
Ogunyade v. Oshunkeye (2007) 15 NWLR (Pt.1057) 218 (2007) 7 S.C. Pt II 60 (2007) 7 S.C. Pt II 60
NIKI TOBI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
trial court
sholuyi village
trial judge
unchallenged evidence
amended statement of claim
judgment of the trial court
plan no. cd
learned counsel
deed of conveyance
grounds of appeal
ikeja division of lagos state
lower court
said land
such evidence
2nd respondent
decision of the trial court
joinder of different causes of action
proof of the fact
proof of the issue
right of occupation of the said pieces
statement of the rule
act of trespass
determination of the appeal
first respondent
issue no.2
respondents reliefs
above conclusion
address of counsel
amendment of pleadings
claims of the respondents
consideration of the issues
following terms
further appeal
grant of damages
high court of justice of lagos state
ikeja judicial division
issue no.4
issues no.2
joe golday case
lands registry office lagos
leading judgment
respondent raised objections
trial of the matter
witnesses fail

D. MUSDAPHER, J.S.C (Delivering the Leading Judgment): In the High Court of Justice of Lagos State, in the Ikeja Judicial Division and in suit No.ID/133/81 the first respondent herein as the plaintiff commenced these proceedings against the appellant as the defendant claiming in his writ of summons as follows:

"1. The sum of N50,000.00 being damages for trespass committed by the defendant, his agents, servants and privies on plaintiff's landed property at Sholuyi Village, Gbagada, Ikeja Division of Lagos State and which said land with its dimensions and abuttals are more particularly described and delineated on the plan No. CD/41/71 drawn and attached to the Deed of Conveyance dated 18th December, 1972 and registered F as No.61 at page 61 volume 1467 of the Lands Registry Office Lagos and therein edged PINK.

2. Injunction restraining the defendant by himself his servants and/or agents and otherwise from going or otherwise trespassing on or in any manner interfering with the plaintiff'…

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