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OSAYEMWENRE AMAYO V. OSAYENDE ERINMWINGBOVO

(2000) JELR 44087 (CA)

Court of Appeal  •  CA/B/260/96  •  19 May 2000  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; RAPHAEL OLUFEMI ROWLAND JCA; BABA ALKALI BA’ABA JCA;

Judgement

BA'ABA, J.C.A. (Delivering the Leading Judgment): The appellant who was the defendant in the trial High Court:- the Edo State High Court holding in Benin Judicial Division was sued by the respondent therein plaintiff, who claimed:-

"1. Declaration that the plaintiff has possessory title to that piece of land situate at Orio village, Benin, within Benin Judicial Division and therefore the plaintiff is entitled to obtain a certificate of occupancy in respect of the land, shown on plan No. BEC 34.

2. N1000. (One thousand Naira) damages for trespass on the said land in that in January, 1979, the defendant broke into the said land and started (sic) farming thereon without plaintiffs consent.

3. An order of perpetual injunction restraining the defendant, his servants or agents from entering the said land without the plaintiff's authority."

The facts of the case may be briefly stated as follows:-

For the respondent, it is that his father was until his death in 1950 the owner of a large far…

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