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i
"A declaration that the plaintiff holds the right of occupancy over the said parcel of land delineated in Plan No. OF/87 9 of 23rd March, 1977, lying and situate at No. 5, Adebajo Street, Soluyi Village, Gbagada, Lagos.
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ii
An injunction restraining the defendant by himself, his servants, agents, privies or otherwise howsoever from further acts of trespass on the said land.
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iii
Special and general damages for trespass to the land amounting to N652, 490.00:
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A
Special Damages
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a
12 Nos. Mattresses @ N400.00 each = N4,800.00
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b
12 Nos. Beddings at N2 75.00 each = N3,300.00
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c
Assorted clothing materials = N8,700.00
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d
9" x " blocks (1,350 pieces) = N14,850.00
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e
Main Gate = N4,500.00
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f
Cement (1,350 bags) @ N86 each = N116,100.00
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g
Key to Main Gate = 90
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h
Chain (Long) = 150.00
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Balance b/f = 152,490.00
In his amended Statement of Defence, the respondent, as defendant, denied the claim and counter-claimed thus:
In its judgment at the end of the trial, the trial court dismissed the plaintiff's (appellant's) claim and granted the reliefs sought in the counter-claim by the respondent.
Appellant was not satisfied with the judgment against him and he appealed to the court below. In its judgment, the court below concluded thus:
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"In summary, having regard to all I have been saying, it is my judgment that this appeal is unmeritorious. It is accordingly dismissed with N7,500.00 costs in favour of the respondent. "(See page 371 of the record.)
Still not satisfied with the judgment, the appellant appealed to this court