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J. E. EHIMARE & ANOR v. OKAKA EMHONYON

(1985) JELR 42535 (SC)

Supreme Court  •  SC.7/1984  •  8 Feb 1985  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; ANTHONY NNAEMEZIE ANIAGOLU JSC; AUGUSTINE NNAMANI JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; CHUKWUDIFU AKUNNE OPUTA JSC;

Judgement

C. A. OPUTA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Division (the judgment of Agbaje, J.C.A., Ete and Okagbue, JJ.C.A. concurring), allowing the appeal of the plaintiff against the judgment of Aluyi, J. sitting in the Ubiaja Judicial Division of the Bendel State High Court. The trial court dismissed the plaintiffs claim for a Declaration of Title, Damages for Trespass and Perpetual Injunction. The court below allowed the plaintiffs appeal, set aside the judgment of the court of first instance; and "entered judgment for the plaintiff against the defendants for a declaration of title to customary occupancy of the land in dispute." It also "granted an injunction restraining the defendants, their servants and/or agents from coming on the land in dispute." It is against this judgment of the court below that the present appellants, who were defendants in the original suit, have now appealed to this Court.

Counsel on bo…

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