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OJO OGBEMUDIA EHOLOR V. FELICIA OSAYANDE

(1992) JELR 43136 (SC)

Supreme Court  •  SC.142/1989  •  17 Jul 1992  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; PHILLIP NNAEMEKA-AGU JSC IDRIS LEGBO-KUTIGI JSC EMMANUEL OBIOMA OGWUEGBU JSC SHEHU USMAN MOHAMMED JSC

Appearances
H.I.R. Odiase For the Appellant. Anthony Omorodion For the Respondent.

Judgement

I. L. KUTIGI, J.S.C (Delivering the Leading Judgment): The plaintiff in his amended Statement of Claim sought for the following reliefs against the defendant:

"(a) A declaration of title to all that piece or parcel of land situate lying and being in Ward 22/J, Oye Street, New Benin, Benin City and demarcated by Licensed Surveyor's beacons Nos. MG 5172. MA 7935, MA 7934 and MG 5171 and which said land is clearly delineated in PINK on Plan No.4878 dated 29th December, 1975.

(b) Possession of the said piece or parcel of land.

(c) an injunction restraining the defendant, her agents and/or servants from further trespassing onto the said piece or parcel of land.

Pleadings were filed and exchanged. At the trial the plaintiff testified and called three witnesses. The defendant also testified and called two witnesses.

Briefly stated plaintiff's case was that in 1975 he bought a piece of land measuring 200 ft by 125ft from one Okhonkpanwoyi Iguisi who testified as P. W.1 at the trial. He di…

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