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Clara Erewa for herself & Erewa Maggison Family v. J. I. Idehen

(1971) JELR 33806 (SC)

Supreme Court  •  SC.130/1969  •  28 May 1971  •  Nigeria

Coram
ATANDA FATAYI-WILLIAMS JSC; GEORGE BAPTIST AYODOLA COKER JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

FATAYI-WILLIAMS, J.S.C (Delivering the Leading Judgment): The appellant, who was the plaintiff in the High Court, Benin City (suit no. B/32/64), has appealed against the judgment of Ighodaro, Ag. J. (as he then was) in an action in which she had sued the respondent, then defendant, for declaration of "possessors title" to a piece of land at Ikpoba Road, Benin City, possession of the said piece of land, and an injunction to restrain the defendant and his agents and servants from entering on the land and committing any acts of trespass thereon.

In the High Court, the plaintiff pleaded and adduced evidence which may be summarised as follows. Her father, an Itsekiri by name Erewa Maggison, first came to Benin during the Benin expedition of 1897. After the expedition, he stayed on in Benin as an interpreter; sometime after this, he asked the then Oba of Benin for a plot of land on which to build a house. He was accordingly allotted a plot for this purpose at Ewaise Street and he built a ho…

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