(1982) JELR 46394 (SC)    

Supreme Court  ·  SC.32/1981 ·  2 Apr 1982 ·  Nigeria
Other Citations
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Core Terms Beta
exhibit l
federal court of appeal
power of attorney
learned trial judge
victor nwajide
advantage of reading
issue of possession
land instruments registration law
bashiru babatunde owe
deed of lease
exhibit s
first statement of claim
judgment of the federal court of appeal
judgment of the presiding justice sowemimo
main issues
original owner of the land
owner of the land
revocation of the power of attorney
trial judge
1962.the defendant
a. n. aniagolu
aro-omo layout
ayinke banjoko aro
contention of mr. lardner
facts of this case
first alleged trespass
grounds of law
high court
high court of justice lagos state
judgment of the learned judge
k. eso
leading judgment
lessee of a plot of land
original grant
plaintiff claims
possession of the said plot of land
preview of the draft
registered instrument
registration of exhibit l
said piece of land
ultra vires
us.to deal
virtue of a lease agreement
virtue of a power of attorney

K. ESO, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice Lagos State (Oluwa, J.) the plaintiff, who is the respondent to the appeal in this court as well as he was respondent in the Federal Court of Appeal from the High Court, claimed as per his amended writ of summons as follows -

"The plaintiff is a lessee of a plot of land situate, lying and being at Aro-Omo layout in Orile Ikeja in the Ikeja District of the Lagos State by virtue of a Lease Agreement entered by the plaintiff and his predecessor-in-title with the owner of the land, Madam Ayinke Banjoko Aro-Omo-Oba in 1962.The Defendant has without the consent or authority of the plaintiff and without any lawful excuse whatsoever, entered upon the said piece of land.

The plaintiff claims from the defendant.

1. 1,000 pounds damages for trespass being committed by the defendant, her servants and or agents upon the said land 1967 up to date.

2. An injunction restraining the defendant, her servants and or agents fro…

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