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MIDFORD EDOSOMWAN V. KENNETH OGBEYFUN

(1996) JELR 33810 (SC)

Supreme Court  •  SC.208/1990  •  2 Apr 1996  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; YEKINI OLAYIWOLA ADIO JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

WALI, J.S.C. (Delivering the Leading Judgment): The plaintiff's claims against the defendant as finally settled in paragraph 25 of his Statement of Claim are as follows:-

"(1) A declaration that the plaintiff is entitled to the grant of a Statutory Right of Occupancy in respect of the parcel of land measuring 100 feet by 100 feet situate at Uselu, Ward 23/L, Egua - Edaiken, Benin City which said parcel of land is delineated in Pink on Survey Plan No. MWC/163/82 filed with this Statement of claim.

(2) N2,000.00 being damages for trespass in that on or about 17/7/81 and 9/10/81 the defendant, his servants and/or agents went into the land in peaceful possession of the plaintiff, committed various acts of trespass details of which have been furnished above in this statement of claim.

(3) An order for perpetual injunction restraining the defendant, his servants and/or agents from committing further acts of trespass on the said land." .

These claims were denied by the defendant. At the end …

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