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ALEX EGUAOBA & ANOR v. HON. JOHN IMONA & ORS

(2019) JELR 91601 (CA)

Court of Appeal  •  CA/B/368/2014  •  23 May 2019  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; MOORE ASEIMO ABRAHAM ADUMEIN JCA;

Judgement

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): The respondents were the plaintiffs in Suit No. HSO/12/2010 which they instituted in the High Court of Edo State, holden at Sabongida-Ora. In the said suit, the respondents claimed against the defendants, now appellants, the following relief: –

(i) A declaration that the plaintiffs are the one entitled to a grant of Statutory Right of Occupancy over all that piece or parcel of land verged red within the area verged green in the Amended Litigation survey plan No. ISO/ED/D48/2011 dated the 6th day of October 2011 made and duly signed by licensed surveyor IDRI F.U. IYAWE which said land is within Ora Communal Land.

(ii) A declaration that as a result of the settlement of AVBIOSI and based on long usage, the traditional boundary of Ora Community on the Oke New, Ora side with Iuleha of which Avbiosi New Site is a part was Uhonmo-Ugbawe extending to Ukpokho-Otien altered and is now at the place the defendants community me…

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