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DAVID EKHATOR (FOR HIMSELF AND ON BEHALF OF EKHAGURE COMMUNITY, OKO VILLAGE AREA, OGBA, BENIN CITY) V. PRINCE PEDRO ELEMA & PRINCE IVIE FIDELIS ELEMA

(2021) JELR 109614 (CA)

Court of Appeal  •  CA/B/263/2012  •  5 May 2021  •  Nigeria

Coram
Joseph Eyo Ekanem, JCA Abimbola Osarugue Obaseki-Adejumo, JCA Balkisu Bello Aliyu, JCA

Judgement

ABIMBOLA OSARUGUE OBASEKI – ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Edo State High Court; Auchi Judicial Division delivered by HON. JUSTICE E. F. Ikponmwen on 14th March, 2012, wherein the lower Court found that the Respondents had proved a better title, granted the relief for trespass but dismissed the claims for special and general damages and dismissed the Appellant’s counter claim.

The Respondents/Plaintiffs claimed the following at the lower Court;

a. Special damages in the sum of N22,798,861.14 (Twenty-Two million, seven hundred and ninety-eight thousand, eight hundred and sixty-one naira, fourteen kobo) being accumulated compound interest and the capital sum on the said N235,000.00 (Two hundred and thirty five thousand naira) borrowed as aforesaid.

b. N77,201,138.85 (Seventy-Seven million two hundred and one thousand, one hundred thirty-eight naira, eighty-five kobo) being damages for trespass committed by the Defendants, th…

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