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CaseLaw

Omotayo V. Co-op Supply Asso (2010) 7(d) (SC)

Judgement delivered on July 9th 2010

Brief

  • Title to land
  • Root of title
  • Continuing trespass
  • Possession
  • Trespass to land
  • Evaluation of evidence

Facts

The Plaintiff/Respondent sued the Appellant in the High Court of Lagos State, Ikeja Judicial Division and claimed N500.00 (Five Hundred Naira) as general damages for trespass. He claimed also for an injunction. Pleadings were filed and exchanged by the parties. At the end of the trial and addresses by the learned counsel for the parties, the learned trial Judge - Desalu, J., found in favor of the Respondent and awarded N100.00 (One Hundred Naira) as damages for trespass and granted the injunction sought by the Respondent.

Dissatisfied with the judgment of the learned trial Judge, the Appellant appealed to the Court of Appeal. Lagos Division. The appeal was dismissed by the Court of Appeal.

Still dissatisfied, the Appellant appealed to the Supreme Court.

Issues

Whether having regard to the pleadings and evidence led, Plaintiff proved title to...

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