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S.O. IGBINOKPOGIE & ANOR v. GEORGE OGEDEGBE

(2001) JELR 44315 (SC)

Supreme Court  •  SC.108/1991  •  14 Dec 2001  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; UMARU ATU KALGO JSC;

Judgement

KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): The respondent herein George Ogedegbe was the plaintiff at the Benin City High Court in Suit No. B/126/78. His claim against the defendants/appellants herein was for the following reliefs as contained in his further amended statement of claim.

"(a) A declaration that the plaintiff was seised of and in possession of the parcel of land in dispute under Bini Customary Law applicable to Land Acquisition in Benin City and Districts before the Land Use Act, 1978.

(b) A declaration that the plaintiff is entitled to a certificate of occupancy in respect of the said parcel of land.

(c) Perpetual injunction against the defendants, their servants or agents restraining them from further or continuing acts of trespass on the said land.

(d) General damages of N100.00 (one hundred naira) against the 2nd defendant's trespass unto the said parcel of land."

The parties exchanged pleadings. The defendants filed a joint statement of defence and the …

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