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OVERSEAS CONSTRUCTION COMPANY NIGERIA LTD.
V.
CREEK ENTERPRISES NIGERIA LTD. & ANOR

(1985) JELR 33775 (SC)

Supreme Court 13 Dec 1985 Nigeria
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- The plaintiff originally sued one defendant for trespass and damages. - The plaintiff was granted leave to join a second defendant. - The case was not tried on the original writ of summons and statements of claim and defense. - An amended

Case Details

Suit Number:SC.110/1984
Judges:MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria BOONYAMIN OLADIRAN KAZEEM Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria
Counsel:C. J. Okoli (with him N. J. Okoli) For Appellant Chief R. Jamabo - For the Respondent. For Respondent
Other Citations:(1985) 3 NWLR (Pt. 13) 407, Overseas Construction Ltd. v. Creek Ent. Ltd. (1985) NWLR (Pt.13) 407

C. A. OPUTA, J.S.C. (Delivering the Leading Judgment): The Plaintiff, now Appellant, originally sued one Defendant - Creek Enterprises (Nig.) Ltd. claiming special and general damages for trespass and an injunction. The writ of Summons dated 15/1/76 was filed on 16/1/76. On an application, the Plaintiff was on the 9th February 1976 granted leave to join a further Defendant, namely Nelphinco and Company Ltd. Pleadings were then ordered and a Statement of Claim and a Statement of Defence were accordingly filed on the 23/4/76 and 27/5/76 respectively. The case was however not tried on these original writ of Summons and Statements of Claim and Defence.

An Amended writ of Summons was filed on 15/4/77. In that writ, the Plaintiff sued Creek Enterprises (Nig.) Limited as the 1st Defendant and the Abandoned Property Authority as the 2nd Defendant and claimed as follows:-

AMENDED WRIT OF SUMMONS

The Plaintiff's claim against the 1st Defendant is for N50,000.00 damages for trespass to the land …

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