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OMOTAYO
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CO-OPERATIVE SUPPLY ASSOCIATION

(2010) JELR 33213 (SC)

Supreme Court 9 Jul 2010 Nigeria
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- The plaintiff/respondent sued the defendant/appellant in the High Court of Lagos State for damages for trespass and an injunction over four plots of land at Palm Avenue, Mushin, Lagos, claiming title via a registered deed of conveyance fr

Case Details

Suit Number:SC.155/2002
Judges:ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Supreme Court of Nigeria
Counsel:1. L.O. FAGBEMI S.A.N2. H.O. AFOLABI3. K.O. FAGBEMI4. A.O. POPOOLA5. AKEEM UMARU6. VICTOR GIWA For Appellant 1. OTUNBA KUNLE OYERO ESQ.2. ADENEKAN SHODEKE ESQ. For Respondent
Other Citations:(2010) 16 NWLR (Pt. 1218) 1, Omotayo v. C.S.A. (2010) 16 NWLR (Pt. 1218) 1 S.C.

I. F. OGBUAGU, J.S.C (Delivering the Leading Judgment): This is an appeal against the Judgment of the Court of Appeal, Lagos Division (hereinafter called "the court below") delivered on 10th December, 2001 dismissing the appeal of the Appellant from the Judgment of the High Court of Lagos State sitting in Ikeja - per Desalu, J delivered on 22nd May, 1981 which found in favour of the Respondent.

Dissatisfied with the Said Judgment, the Appellant, has further appealed to this Court firstly on two (2) grounds of appeal which were further Amended to be five (5) grounds of appeal - (See the Amended Notice of Appeal filed on 5th April, 2006). She has formulated three (3) issues for determination namely.

1. Whether having regard to the pleadings and evidence led, Plaintiff prove title (sic) to the land in dispute to warrant its claim for trespass to be granted?

2. Whether a claim for trespass would lie against the Defendant, who has been found to be a licencee of the Plaintiff and in possess…

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