Mr. Lamidi Rabiu Vs Mr. Tola Adebajo (2012)

LAWGLOBAL HUB Lead Judgment Report

NWALI SYLVESTER NGWUTA, J.S.C.

Endorsed on the Writ of Summons filed in the Registry of the Ikeja Division of the High Court of Lagos State are the following claims made by the plaintiff (now appellant) against the defendant (now respondent):

‘(i) Perpetual injunction restraining the Defendant by himself, his servants, agents, privies and otherwise howsoever trespassing on or in any manner dealing or interfering with the plaintiffs possession of the property lying and situate at No. 7 Adebanjo Street, Soluyi Village, Gbagada, Lagos State.

(2) The sum of N500,000.00 being damages for trespass committed by the Defendant, his agents, servants and or privies on the plaintiff s property situate at No. 7 Adebajo Street, Soluyi Village, Gbagada, Logos State.,,

However, in the amended statement of claim, the plaintiff claimed from the defendant as follows:

claimed from

“(i) A declaration that the plaintiff holds the right of occupancy over the said parcel of land delineated in Plan No.OF/879 of 23rd March 1977, lying and situate at No.5 Adebajo Street, Soluyi Village, Gbagada, Lagos.

(ii) An injunction restraining the Defendant by himself, his servants, agents, privies or otherwise howsoever from further acts of trespass on the said land.

(iii) Special and general damages for trespass to the land amounting to N652,490.00

A. Special Damages

(a) 12 Nos. Mattresses @ N400.00 each – N4,800.00

(b) 12 Nos. Bedding at N265.00 each – N3,300.00

(c) Assorted clothing materials – N8,700.00

(d) 9″ x ” blocks (1,350 pieces) – N14,850.00