Alhaji Imam Y. Togun & Ors V. Mr. Justice I. Ishola Oluwa (2007)
LawGlobal-Hub Lead Judgment Report
ISA AYO SALAMI, J.C.A.
The Plaintiff averred in paragraph 29 of his amended statement of claim as follows:
“AND THE PLAINTIFF CLIAMS:
i. A declaration that the plaintiff is entitled to possession and the holder of a deemed right of occupancy by virtue of the Land Use Act, 1978 of all that portion of land marked C on Survey Plan No. SME/W/258A/7 drawn by Mr. M.A. Seweje and annexed herewith.
ii. The sum of five hundred thousand naira (500,000,00) as general damages for trespass and nuisance perpetrated by the said defendants.
iii. The sum of forty-one thousand naira (N=41,000.00) as special damages for the destruction of the Plaintiffs boundary trees, fruits trees, cassava and top soil on the said portioned land an the 24th of August. 1990.
PARTICULARS OF DAMAGE
- Boundary trees N=3,000.00
- Fruit trees (Cassava Cashew, Mango etc) N-3,500.00
- Cassava N=5,000.00
- Damage to top Agricultural soil N=30,000.00
Total N=41,500.00
iv. Perpetual injunction restraining the restraining the Defendants, their agents or privies from further trespassing on the said portion of farm land.”
The 1st – 4th, 6th and 7th defendants joined issue with the plaintiff by their amended statement of defence and counter – claim wherein they claimed as follows-
“38. WHEREOF the defendants claim against the plaintiff as follows-
i. DECLARATION that the Deed of conveyance dated April, 1975 and registered as No. 40 at page 40 in volume 1503 of the Register of Deeds in Lagos in favour of the Plaintiff is NULL and VOID and of No EFFECT Whatsoever under the DOCTRINE NEMO OAT QUOD NON HABET as five branches of the Iyewure family did not execute sale.
ii. The sum of five hundred thousand naira as spoiled and General damages against the plaintiff for trespass to the family land.
iii. A DECLARATION that Iyewure family is entitled to the statutory right of occupancy of the piece or parcel of land more particularly delineated on Survey Plan to be filed in this suit.
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