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ATITI GOLD V. BEATRICE OSASEREN

(1970) JELR 33777 (SC)

Supreme Court  •  SC.362/1967  •  3 Apr 1970  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; UDO UDOMA JSC; ATANDA FATAYI-WILLIAMS JSC;

Judgement

COKER, J.S.C. (Delivering the Leading Judgment):-The present appellant, Atiti Gold, was the plaintiff in the Benin Customary Court, Grade B1 (Cause No. 42/64). Her writ was endorsed thus:-

"The plaintiff's claim against the defendant is for declaration of title to all that piece or parcel of puilding plot measuring 100 feet by 75 feet in dimensions situated at Ward "C", New Benin, Benin City demarcated with beacon blocks Nos. PT. PEE478, 468 and 1078.

The plaintiff also seeks an injunction restraining the defendant, her servants and agents from encroaching the said building plot pending the determination of this matter/suit."

Before that court she gave evidence and called three witnesses Humphrey Obazuaye (or Bazuaye), Samuel Ojo Osagie and Stephen Ogbevoen Orumesie. The defendant, now respondent before us, also gave evidence before that court. She called five witnesses-Omogui Ogbomo (her mother), Christopher Osagiede Osaghae, Omoregbe Bazuaye, Samuel Omokaro Okybor and Daniel Omorodiā€¦

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