Summary of Ogunsusi v Lukan case

Ogunsusi v Lukan [1968]

Summary of Facts and Judgment: The appellant was the defendant in the High Court of the Western State in Ibadan where he was sued by the present respondent for a sum of 250 pounds being general and special damages for trespass in March, 1964 to his land situate and lying at Oke Ado, Ibadan. There was also a claim for injunction.

In that court, Madarikan, J., (as he then was), dismissed the plaintiff’s case. By a majority judgment, the Western State Court of Appeal reversed this judgment and entered judgment for the plaintiff for 50 pounds as damages for trespass and ý51.15.4, costs. It also awarded ý68.14.6, as costs in the High Court in favour of the plaintiff. From this judgment and order, the defendant not happy with the decision of the Western State Court of Appeal appealed to the Supreme Court.

The Supreme Court after due deliberation of the appeal before it set aside the majority judgment of the Western State Court of Appeal. The minority judgment upholding the judgment of the learned Judge of the High Court was confirmed. The appeal was allowed and the Judgment in the Western State Court of Appeal awarding damages to the plaintiff for trespass and the order as to costs are hereby set aside and judgment of the High Court dismissing the plaintiff’s claim with 35 guineas costs to the defendant will be substituted.

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