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ONAIWU IDUROBO v. IGBINOBA EHIOROBO

(2017) JELR 37271 (CA)

Court of Appeal  •  CA/B/234/2009  •  8 Dec 2017  •  Nigeria

Coram
SAMUEL CHUKWUDUMEBI OSEJI JCA; MOORE ASEIMO ABRAHAM ADUMEIN JCA; MUDASHIRU NASIRU ONIYANGI JCA;

Judgement

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A.(Delivering the Leading Judgment): The Appellant herein was the plaintiff in the lower Court and the Respondent was the Defendant/Counterclaimant.

By a writ of summons filed on 26th of October, 1994, the Appellant as plaintiff claimed against the Respondent as follows:-

a) Declaration that the Plaintiff is entitled to a statutory right of occupancy of a piece or parcel of land measuring 400 feet by 500 feet lying and situate at Ward 42B Uwelu, Benin City, within the jurisdiction of this Honourable Court, and possession of the said piece or parcel of land, which piece or parcel of land shall be more particularly described and delineated on the plant to be filed.

b) Perpetual injunction restraining the Defendant his servants and/or agents, privies from committing further acts of trespass on the aforesaid land.

The above set out claim was also repeated in the Amended statement of claim dated 20/11/2000. The Respondent (then defendant) entered appearance throu…

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