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(2021) JELR 109536 (CA)

Court of Appeal  •  CA/B/28/2018  •  19 Nov 2021  •  Nigeria

Biobele Abraham Georgewill, JCA Joseph Eyo Ekanem, JCA Abimbola Osarugue Obaseki-Adejumo, JCA


ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Edo State High Court sitting at Sabongidda-Ora coram; N. A. IMOUKHUEDE J delivered on 30th October, 2016 in favour of the Plaintiff. The Respondents now Appellants appealed against the decision of the trial Court delivered on the 30th October, 2016 the lower Court set aside the decision of trial Court.

The Respondents at the lower Court filed action; they were the Appellants at the lower Court at Owan West area Customary Court and claimed the following reliefs;

1. A declaration and/or order that the plaintiffs who are natives of Ivbiughuru Community are the owners of land called ATOJEIVI. Having boundaries with Ivbiodohen, Avbiosi old site, UZEBBA AND UKHUSE OKE and are therefore entitled to customary right of occupancy over same.

2. Award of N600,000 (Six hundred thousand naira) being general damages for trespass and for laying adverse claim to the plaintiffs’ land


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