SAGAY
V.
NEW INDEPENDENCE RUBBER COMPANY LTD. & ORS.

(1977) JELR 45231 (SC)    

Supreme Court  ·  SC.8/1975 ·  27 May 1977 ·  Nigeria
 · 
Other Citations
SAGAY v. NEW INDEPENDENCE RUBBER CO. LTD. & 3 ORS. (1977) 5 S.C. (REPRINT) 86
CORAM
UDO UDOMA Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
4th defendants
larger area
sagay family
defendants
statement of defence
learned trial judge
plaintiff
evidence
statement of claim
amukpe community
p. w.
adeje customary court
amended statement of claim
exhibit
members of the sagay family
1st defendants
area of land
coconut trees
federal supreme court
following order
high court
orange trees
palm wine trees
rights of the sagay family
2nd witness
amukpe native law
citrus plantation
close of the pleadings
cross-examination of the 8th witness
direct grant
evidence of the 2nd defendant
exercise of their right of use
exhibit c
following aspects of this case
hours of their receipt of the filed 3rd
judgment of the adeje customary court
judgment of the supreme court
leading judgment
only evidence
order of injunction
plaintiff claim
plaintiffs land
respect of the entire parcel of land
sir adetokunbo ademola
state of the pleadings
suit s
supreme court
type of tenancy
view of the fact
western state

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This action, Suit S/27/65 was instituted in the High Court of the Mid-Western State (now Bendel State) in 1965 sitting in Sapele. The plaintiff, representing the Sagay family, claim as set out in paragraph 25 of the amended Statement of Claim as follows:-

"25. WHEREFORE the plaintiff claim from all the defendants jointly and severally as follows:-

1. The sum of 14,972.6s.3d. (Four Thousand Nine Hundred and Seventy two Pounds, Six Shillings and Three Pence) being special and general damages suffered by the plaintiffs as a result of the trespass committed by the 1st defendants, when they unlawfully entered the plaintiffs land at Amukpe, Sapele, and destroyed 2 dwelling houses, 660 orange trees, 50 coconut trees, 30 pear trees 70 grape fruits, 25 kolanut trees and 20 palm wine trees belonging to the plaintiffs.

PARTICULARS OF CLAIM

(a) SPECIAL DAMAGES:-

(i) 2 dwelling houses at

1,000 each = 2,000.s.d.

(ii). 660 orange trees at

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