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YUSUF & ORS
V.
AKINDIPE AND ORS.

(2000) JELR 44170 (SC)    

Supreme Court  ·  SC.157/1994 ·  26 May 2000 ·  Nigeria
 · 
Other Citations
Yusuf v. Akindipe (2000) 8 NWLR (Pt.669) 376
Yusuf v. Akindipe (2000) 8 NWLR (Pt. 669) 376
CORAM
SALIHU MODIBBO ALFA BELGORE 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 ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria OKAY ACHIKE Justice of The Supreme Court of Nigeria

Ratio Decidendi
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Core Terms Beta
plaintiffs
action
statement of claim
defendants
appellants
reasonable cause of action
application
1st set of respondents
writ of summons
locus standi
appeal
court of appeal
grounds of appeal
reasonable cause
said mosques
1st group of respondents
high court
lawful authority
learned trial judge
no. b5
registered trustees of the ahmadiyya movement
tear gas
tortious acts
2nd set of respondents
8th february
action of the 1st group of respondents
action of the defendants
claim of the 1st group of respondents
consent of the plaintiffs
contempt of the court proceedings
exclusive possession of the mosque
following issues
following orders
ground of defence
grounds of the grounds of appeal
high court of lagos state
leading judgment
live issue
lower courts
mere fact
part c of the companies
pleading statement of claim
raise issues
right conclusion
separate actions
trespass simpliciter
trial court
trite law

OGWUEGBU, JSC (Delivering the Leading Judgment): In the High Court of Lagos State, the plaintiffs claimed from the defendants as follows:

"the sum of ₦10,000.00 being general damages suffered by the plaintiffs and their members when the defendants, through their agents and/or servants on the 8th February, 1987 and on subsequent days, without any lawful authority or consent of the plaintiffs, broke into the plaintiff's Mosques at No. B5/111, Ahmadiya Road, Agege (A Lis Pendens in Suit Nos. M.137/84 and CA/L/247/86), and dispersed the plaintiffs and their members with tear gas and batton (sic) during worship and barricade (sic) the entrance with contingent of armed policemen to prevent the plaintiffs and their members from using the said Mosques whereof the plaintiffs claim further the following orders:

1. An order that the action of the defendants is a contempt of the court proceedings in Suit Nos. M/137/84 and CA/L/247/86.

2. An order that the defendants do forthwith remove Police co…

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