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MR. ERIC EHIKHAMETALO v. MR. AUSTIN IYARE & ANOR

(2014) JELR 42199 (CA)

Court of Appeal  •  CA/B/72/2011  •  11 Apr 2014  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; TOM SHAIBU YAKUBU JCA;

Judgement

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A.:(Delivering the Leading Judgment) The present appeal is a fall-out of the Judgment of the High Court of Edo State, Benin Judicial Division, delivered on November 12, 2010 in Suit No. B/64/2005. By the said Judgment, the court below, coram E. O. Ahamioje, J; dismissed the Appellant's claim against the Respondent for lacking in merits. Not unnaturally, the Appellant was dissatisfied with the vexed judgment. Thus, he filed the notice of appeal thereof on January 6, 2011.

On March 23, 2005, the Appellant instituted the said suit vide a writ of summons in the court below. By the statement of claim, dated and filed on 23/3/05 along with the writ of summons thereof, the Appellant has claimed against the Respondents jointly and severally the following reliefs:

1. Creation of unhindered right of way to and from the plaintiff's piece of land measuring 95 feet by 100 feet situate on and facing Osayi Cresecent, Ugbor, GRA, Benin City and behind No.9, Ehikhame…

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