OLAYINKA KUSAMOTU V. WEMABOD ESTATE LIMITED
August 6, 2025SAMUEL CHUKU V. JAMES WUCHE
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 11671
In the Supreme Court of Nigeria
Fri Oct 29, 1976
Suit Number: SC. 201/1975
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
OLUDOTUN ADEKUNLE KUKOYI & ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents claim for damages for trespass to land was granted whilst their claim for declaration of title to the several plots of land was struck out. The lands subject matter of this action belongs respectively to 2nd and 3rd respondents jointly and to 1st respondent alone.
HELD
Allowing the appeal, it was held that the rule of court applicable is order IV rule 2 of the Supreme Court Rules Cap.211 of the 1948 and not the Rules of the High Court of Lagos State 1973.
ISSUES
None.
RATIONES DECIDENDI
JOINDER OF PLAINTIFFS
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CASES CITED
Amachree and ors. v. Newington (1951) 20 NLR 13
Chief J.T. Princewill Amachree and ors. v. W.H.F. Newington (1952) 14 WACA 97 at p.99
Jimoh Lawani and 7 ors. v. The West African Portland Cement Co. Ltd. (unreported) S.C. 296/74 of 27/1/75)
STATUTES REFERRED TO
The Supreme Court (Civil Procedure) Rules, Cap.211 of the 1948
