(2000) JELR 44138 (CA)    

Court of Appeal  ·  CA/L/183/92 ·  27 Jan 2000 ·  Nigeria
Other Citations
Omoyinmi v. Olaniyan (2000) 1 NWLR (Pt.651)38
Omoyinmi v. Olaniyan (2000) 4 NWLR (Pt. 651) 38
ATINUKE OMOBONIKE IGE Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria
Core Terms Beta
2nd defendant
1st defendant
learned trial judge
special damages
comfort abiona
registrar of titles
said judgment
favour of the plaintiff
following terms
grounds of appeal
leave of court
amended statement of claim
customary law
counter-claim of the second defendant
declaration of title
honourable court
owner of the said land
copy of the deed of lease
cross appeal sequel
effect of award of damages
evidence of the parties
heads of the claim of the plaintiff
inception of the case
lagos high court
law of the 2nd defendant
leading judgment
madam eunice dawodu banwo
notice of cross appeal
order of court
original copy
plaintiffs properties
possession of m. banwo
said landed property
set aside
site plan no. jj
stage of this appeal
suit no. ld
trial of the action
trial of the said action
way of counter-claim
weight of evidence

ADEREMI, J.C.A.: (Delivering the Leading Judgment): The appellant (Sunday Omoyinmi) who was the plaintiff at the Lagos High Court holden at Lagos in Suit No. LD/353/72 in their amended writ of summons claimed against the respondents who were the defendants in that court, as follows:

(1) N5, 000:00 being general and special damages for trespass committed by the defendants, their agents and/or servants in February, March, and April, 1972 and also 4th June, 1994 when they, their servants and agents broke and entered plaintiff's land at 5, Oseni Street, Lawanson, Lagos and destroyed all plaintiffs properties.

(2) N2,000:00 being rents due but lost on the properties as from June, 1974 up to June, 1978.

(3) An order setting aside the judgment dated 17/7/67 obtained by 1st defendant in Suit No. IK/187/63 J.C. Onyelu v. Comfort Abiona) on the grounds that:

(a) defendant in that action was denied the opportunity of being heard due to the fraud, acts and omission of the plaintif,f his agents an…

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