Madam Abusatu Agbogunleri V John Depo & 3 Ors (2008)

LAWGLOBAL HUB Lead Judgment Report

I .T. MUHAMMAD, J.S.C.

From the pleaded facts of her statement of claim, the plaintiff, one Madam Abusatu Agbogunleri was the head of Agbogunleri family of Agege. She instituted the suit giving rise to this appeal before the Lagos High Court of Justice, on her own behalf and on behalf of the Agbogunleri family making the following claim against the defendants:

1) A declaration that Agbogunleri family is the person entitled to statutory right of occupancy in respect of the land situate, lying and being at No. 17, Old Abeokuta Road, Isale Oja, Agege.

2) Perpetual Injunction Restraining the Defendants jointly and severally from committing further act of trespass on the Plaintiff land.

3) Special and general damages as follows:-

i. Seven thousand 6 x 6 x 18 vibrated cement blocks at N25 = 175,000.00

ii. Six thousand 9×9 x18 vibrated cement blocks at N35 = 210,000.00

iii. Three hundred of cement at N450 per bag = 135,000.00

iv. Three tones of iron rod at N15,000 by tones = 135,000.00

v. Forty lorry loads of graves at N3,000 per load = 120,000.00

vi. Thirty lorry of loads of sharp sand at N1,500 = 45,000.00

vii. Filling sand, twenty lorries load at N800 per load = 16,000.00

viii. One hundred boundless roofing sheets = 200,000.00

ix. Wiring and other electrical materials = 80,000.00