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MR. MOSES BENJAMIN & ORS. V. REV. G. G. KALIO

(2006) JELR 51112 (CA)

Court of Appeal  •  CA/PH/98/2001  •  30 May 2006  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA (Presided) ISTIFANUS THOMAS JCA (Read the Lead Judgment) MONICA BOLNA’AN DONGBAN-MENSEM JCA

Appearances
A. G. Tariah Esq. - for the Appellants. -*- Sober Biambo Esq. - for the Respondent.

Judgement
<p><strong> THOMAS JCA (Delivering the Lead Judgment): </strong> The brief facts of the appeal is that the plaintiffs now to be referred to as the appellants, claimed a declaration of statutory right of occupancy over a piece of land situated and locally called, Awoka land, which is verged red on exhibit A, a survey plan. They also claimed damages for trespass and perpetual injunction, all against the defendant but now to be referred to as the respondent. The respondent on his part at the trial court counter-claimed against the appellants for a declaration that he was entitled to a certificate of occupancy over the land verged yellow on exhibit L, damages of ₦1,500,000.00 for trespass and perpetual injunction. Both parties called witnesses who testified on their respective claims. After conclusion of evidence and addresses of counsel, the trial Judge dismissed the entire case of the appellants and granted the claims of the respondent in its entirety including damages of ₦1,500,000.00. Dissatisfied with t…</p>

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