MR. EGHE IGBINOVIA & ANOR V. MOSES OTOTE
(2018) JELR 39380 (CA)
Court of Appeal
•
CA/B/441/2014
•
22 Mar 2018
•
Nigeria
Coram
JIMI OLUKAYODE BADA JCA;
SAMUEL CHUKWUDUMEBI OSEJI JCA;
MUDASHIRU NASIRU ONIYANGI JCA;
Appearances
MR. O.A. OTAMERE with him, S. YESUFU and V.A. UDOH For Appellant
MR. U.T. UDOCHI For Respondent
Judgement
<p>MUDASHIRU NASIRU ONIYANGI, J.C.A. (Delivering the Leading Judgment): In the following consolidated Suits No. B/585/98 Between:</p><p>MOSES OTOTE (suing by his lawful attorney - Simeon Otote)And</p><p>(1) DR. PIUS IGBINOVIA</p><p>(2) MRS. ABIEYUWA IGBINOVIA</p><p>AND</p><p>Suit No. B/593/98 BETWEEN:</p><p>MISS ABIEYUWA IGBINOVIA</p><p>AND</p><p>(1) MR. SIMEON OTOTE</p><p>(2) PRINCE SUNDAY ELEMA</p><p>(3) PRINCE FRIDAY ELEMA</p><p>Instituted at High Court of Justice, Edo State, Benin Judicial Division, judgment was delivered on 13th June, 2014 in favour of the plaintiff who is the Respondent in this appeal and against the Appellants who are Defendants at the trial Court in the following terms. (See pages 194-195 of the record of appeal).</p><p>In conclusion, this Court holds that the claimant (Moses Otote) has proved his case on a preponderance of evidence or balance of probabilities this Court accordingly upholds his claim as follows:</p><p>(1) This Court hereby declares that the claimant (Moses Otote) is the person entitled to a statutory right of occupancy in respect of thβ¦</p>