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TALABI
V.
ADESEYE

(1972) JELR 33441 (SC)

Supreme Court 18 Aug 1972 Nigeria
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- The plaintiff/respondent claimed damages for trespass, possession, and an injunction regarding Plot 70 Durojaiye Street, Itire, Mushin, asserting lawful possession based on a 50-year registered lease granted by the Onitire Family. - The d

Case Details

Suit Number:SC.58/1970
Judges:GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria
Counsel:Chief D. O. Coker for the appellant. For Appellant H. A. Lardner (B. Ajibola with him) for the respondent. For Respondent
Other Citations:(1972) All N.L.R 692 Talabi v. Adeseye(1972) 8-9 S.C. 15

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): In the High Court, Ikeja, the plaintiff, who is the respondent in the appeal before us, had sued the appellant, as defendant, for the following claims:-

"(a) The sum of 400pounds as special and general damages for the trespass committed by the defendant on the plaintiff's said land situated and being at Plot 70 Durojaiye Street, Itire, Mushin which is within the jurisdiction of this Court and in lawful possession of the plaintiff.

(b) Possession of the said land situate and being at Plot 70 Durojaiye Street, Itire, Mushin.

(c) An injunction restraining the defendant his agents and/or servants from interfering with the use of the land by the plaintiff her agents or workmen and from trespassing any further on the land."

The plaintiff's writ also contains a further endorsement in the following terms:-

"The plaintiff is the lessee of the said piece of land for the period of 50 years beginning from the 29th November, 1965, from…

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