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ALHAJI ADO IBRAHIM & COMPANY LTD & ANOR V. ELDESTEIN (NIGERIA) LTD

(2001) JELR 33338 (CA)

Court of Appeal  •  CA/B/172/98  •  23 Apr 2001  •  Nigeria

Coram
NIKI TOBI JCA; BABA ALKALI BA' ABA JCA; SAKA ADEYEMI IBIYEYE JCA;

Judgement

B. A. BA'ABA, J. C. A.: (Delivering the Leading Judgment): This is an appeal against the judgment of Edo State High Court, sitting in Auchi Judicial Division, delivered on the 12/10/94. The action was founded on trespass of a piece or parcel of land, measuring 35.00 hectares located at Afokpella village, Etsako East Local Government Area, Edo State.

By its paragraph 19 of the amended statement of claim dated 25/11/93, at pages 107-108 of the records, the respondent as plaintiff claimed the following reliefs:-

(a) A declaration that the plaintiff company is entitled to possession of the piece or parcel of land, measuring 35.00 hectares located at Afokpella village, Etsako East Local Government Area, Edo State, covered by Quarrying License No. 21392, of 15/5/92 and any renewal thereof, and licences Nos. 21393 and 21394.

(b) A declaration that the plaintiff and its officials and employees are entitled to conduct its quarrying operations on the said piece or parcel of land, without any in…

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