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ONAGORUWA
V.
AKINREMI & ORS

(2001) JELR 49397 (SC)

Supreme Court 8 Jun 2001 Nigeria
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- The appellant filed two separate suits against the 1st and 2nd respondents, which were consolidated. - The appellant claimed ownership of plots 89, 91, and 93 in Da Costa Layout, Onike, Iwaya, Lagos State. - The appellant's claim to owner

Case Details

Suit Number:SC.191/1997
Judges:MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Counsel:Dr. Olu Onagoruwa (with him, O. Onagoruwa, Esq.) For Appellant M. B. A. Shomotun, Esq. For Respondent
Other Citations:Onagoruwa v. Akinremi (2001)13 NWLR (Pt.729) 38 (2001) 6 S.C 35

UWAIFO, J.S.C. (Delivering the Leading Judgment): The appellant as plaintiff instituted two separate suits LD/513/80 and LD/512/80 against 1st and 2nd respondents respectively at the High Court, Lagos. The two suits were consolidated. The 3rd respondent was thereafter joined as co-defendant. In both the writ of summons and statement of claim as amended, the claim finally read:

"1. A DECLARATION that the plaintiff is the owner of the parcel of land known as Plots 89, 91 and 93, Dacosta Layout, Onike, Iwaya, Lagos State which parcel of land is covered by Title No. 10246.

2. ₦5,000.00 special and general damages for trespass.

3. A PERPETUAL INJUNCTION restraining the defendants whether by themselves or by their servants, agents or privies or otherwise howsoever from further trespassing on the plaintiff's land known as Plots 89, 91 and 93 Dacosta Layout, Onike, Iwaya, Lagos State and covered by Title No. 10246."

The plaintiff's claim to ownership of the said plots 89, 91 and 93 is based…

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