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EDWIN IKHINMWIN & ANOR v. PRINCE FRIDAY ELEMA & ORS

(2014) JELR 36479 (CA)

Court of Appeal  •  CA/B/170/2006  •  8 Jul 2014  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; HAMMA AKAWU BARKA JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): In the High Court of Edo State, holden at Benin City, in Suit No. B/242/96, the plaintiff, who is the Respondent herein, commenced an action against the Appellants, then the 1st and 2nd Defendants, claiming the following reliefs:

1. A declaration that the Plaintiff is the owner and in lawful physical possession of all that parcel of land comprising of approximately 2.2176 hectares within Elema Estate delineated in Survey Plan No. MWC/840/85 of 27th December, 1985 attached to a land instrument dated 16th September, 1988 and registered as No. 25 at page 25 in Volume 754 of the Lands Registry in the office at Benin City.

2. A declaration that the entry and commencement of building operations on my land by the 1st and 2nd defendants is without lawful authority and therefore illegal.

3. A declaration that the certificate of occupancy No. EDSR 12056 dated 5th May, 1995 granted by the 3rd defendant to the 1st and 2nd defenda…

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