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ENAWAKPONMWHEM AIGBOBAHI AIGBOGUN OMONOYAN ENOGHABUN EKHORAGBON OSAZUWA OMONOYAN (FOR THEMSELVES AND ON BEHALF OF IKHUENBO VILLAGE) V. CHIEF EDOKPAYI AIFUWA OMONUWA EREBOR EVBARUESE UWUMONSE IGBINOVIA AIYUDUBIE OKHUOROBO OSABUOHIEN (FOR THEMSELVES AND ON BEHALF OF IGUOMO VILLAGE)

(2006) JELR 57267 (SC)

Supreme Court  •  SC. 194/2001  •  3 Feb 2006  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC (Presided) DAHIRU MUSDPAHER JSC GEORGE ADESOLA OGUNTADE JSC MAHMUD MOHAMMED JSC WALTER S. NKANU ONNOGHEN JSC (Read the Lead Judgment)

Appearances
K. S. Okeaya-Inneh Esq., SAN (with him,A. O. Okeaya-Inneh Esq.) -*- - for the Appellants. D -*- A. O. Eghobamien Jnr. - for the Respondents.

Judgement
<p><strong> ONNOGHEN JSC (Delivering the Lead Judgment): </strong> This is an appeal against the judgment of the Court ofAppeal, Benin Division, in appeal No. CA/B/115/99 delivered on 14th December, 2000 in which it dismissed the appeal of the present appellants against the judgment of the Edo State High Court holden at Abudu in suit No. HAB/11/87 delivered on 3rd October, 1997 in which it granted the reliefs claimed by the plaintiffs/respondents. The claims of the respondents as plaintiffs at the High Court are as follows:- “(a) A declaration that in accordance with Bini customary law and tradition, the plaintiffs, the people of Iguomo village, in Uhunmwode Local Government Area of Edo State are the persons vested with all existingrights tothe use and occupation of all that piece or parcel of land lying, being and situate atIguomo village,in Uhunmwode Local GovernmentArea, verged pink in survey plan No. ISO/BD/1358/87 of 14/10/87 filed in this action.</p><p>A declaration that the plaintiffs by virtue of their …</p>

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