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OSINEYE
V.
LAWAL

(2017) JELR 51899 (CA)

Court of Appeal 14 Jul 2017 Nigeria
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- This is an appeal against a judgment in a case involving a claim for damages for trespass and injunction in respect of a parcel of land. - The appellant's sole issue for determination is whether the trial judge was right in giving judgmen

Case Details

Suit Number:CA/L/38/2000
Judges:TIJJANIABUBAKAR JCA BIOBELEABRAHMAGEORGEWILL JCA
Counsel:A. O. Dairo - for the Appellant. Yewande Ojo - for the Respondent.

GARBA JCA (Delivering the Lead Judgment): This appeal is against the judgment of the High Court of Lagos State, delivered on 25 January 1985 in the respondent’s suit No. ID/324/77 wherein the respondent’s claims for damages for trespass andinjunction in respect of a parcel of land situate at Shogbamu Street, Bariga, Lagos State, were granted against the appellant.

The initial notice of appeal dated 22 March 1985 was amended by the amended notice of appeal of seven (7) grounds, filed on 17 December 2012, which was deemed on the 24 February 2015.

In the amended appellant’s brief filed and deemed on the same date with the amended notice of appeal, the learned counsel for the appellant has submitted a sole issue for determination as follows: “Whether the learned trial judge was right in giving judgment in favour of the respondent.”

On his part, the learned counsel for the respondent, in the respondent’s brief filed on 13 April 2016, but deemed on 21

November 2016, in addition to the adoption …

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