Abolade Olatunji Coker V Lamidi Adeyemo & Anor (1968)

LawGlobal-Hub Lead Judgment Report

MADARIKAN,J.S.C. 

The plaintiffs’ writ in the High Court, Ibadan, was as follows:-

“The plaintiffs’ claim against the defendant is for:-

(1) The sum of £3,000 being special and general damages suffered by the plain-tiffs as a result of the trespass committed by the defendant against the goods and properties of the plaintiffs who at all material times were and are in pos-session of a piece of land at No. 51 Onireke Street, Ibadan. The amount of special and general damages severally suffered by the plaintiffs are as here-under stated:

Special and General Damages

first plaintiff    LAMIDI ADEYEMO    £800-.£200

second plaintiff,    MADAM ESTHER TITI    £800-.£200

third plaintiff    AKADIRI KILANI    £800-.£200

(2) An Order of Injunction restraining the defendant, his agent, servants and all persons claiming through him from entering or doing any acts whatsoever adverse to plantiffs’ possession upon the land.”

The action was instituted by three plaintiffs, viz., Lamidi Adeyemo. Esther Titi and Akardiri Kilani.

On the 16th of May, 1963, the third plaintiff filed an affidavit in the High Court in which he stated that he did not instruct anyone to sue the defendant. In it, he also stated that the land in dispute belonged to the defendant, that he was the chief ten ant of the defendant that the first and second plaintiff were his sub-tenants. On the application of learned counsel for the plaintiffs, the claim of the third plaintiff against the defendant was dismissed on the 20th day of May, 1963.

After both parties had exchanged pleadings in the lower court and before oral evidence was taken, learned counsel for the plaintiffs sought and obtained leave to substitute Juliana Ezekiel for the second plaintiff. It is pertinent to note that after obtaining the order for substitution no amended statement of claim was filed, and the case proceeded to trial without any pleadings by or on behalf of Juliana Ezekiel.

At the trial, eight witnesses testified for the plaintiffs. When the plaintiffs closed their case, neither the defendant nor his counsel was present in court and after plaintiffs’ counsel and addressed the court, the case was adjourned for judgment. Judgment was subsequently entered in favour of the plaintiffs as follows:

first plaintiff – £399 special damages for trespass and £50 general damages for trespass