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OLANIYAN & ORS
V.
FATOKI

(2013) JELR 35734 (SC)

Supreme Court 12 Jul 2013 Nigeria
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- The case involves a dispute over a piece of land between the Respondent, who is the administratrix of her late husband's estate, and the Appellants. - The Respondent claims damages for trespass and an injunction against further acts of tr

Case Details

Suit Number:SC.219/2003
Judges:IBRAHIM TANKO MUHAMMAD JSC JOHN AFOLABI FABIYI JSC SULEIMAN GALADIMA JSC MUSA DATTIJO MUHAMMAD JSC SHENKO STANLEY ALAGOA JSC
Counsel:Olayode Delano with Ahmed Oyegbami For the Appellant; Aderemi A. Abimbola with Kayode Oyedeji For the Respondent.

MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): The Respondent in this appeal being the administratrix of the estate of her late husband, Chief Mr. A Fatoki, instituted suit No. HOS/33/95 at the Osun State High Court, herein-after referred to as the trial Court, against the Appellants claiming by paragraph 17 of her further, further amended Statement of Claim as follows:-

"i. The sum of N100,000 (One hundred thousand naira) being general damages for trespass committed and being committed by the Defendants, their servants, agents and/or privies when they unlawfully entered the Plaintiff's land situate, lying and being at along Ede-Osogbo road, Ofatedo Area, Osogbo, covered by deed of conveyance dated the 13th day of March, 1975 and registered as No. 2 at page 2 in volume 1706 of the lands registry at the office in Ibadan and more particularly described in survey plan No. WP 15/72 attached to the said conveyance. The land in dispute is verged green on the composite surv…

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