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RUFUS ISAAC v. JOHN ODIGIE IMASUEN

(2006) JELR 47243 (CA)

Court of Appeal  •  CA/B/135/2001  •  25 Apr 2006  •  Nigeria

Coram
PIUS OLAYIWOLA ADEREMI JCA; UWANI MUSA ABBA-AJI JCA; GEORGE OLADEINDE SHOREMI JCA;

Judgement

PIUS OLAYIWOLA ADEREMI, J.C.A (Delivering the Leading Judgment):This is an appeal against the judgment of the High Court of Justice, Edo state of Nigeria in the Benin Judicial division, Holden at Benin City, delivered on the 1st March, 1994 in Suit No. B/1/84, John Odigie Imasuen Versus Rufus Isaac. The Plaintiff (hereinafter referred to as the RESPONDENT) had, by the endorsement in paragraph 21 of his further amended statement of claim dated 29th June, 1988, claimed against the defendant (hereinafter referred to as the APPELLANT) the following reliefs:-

1. Declaration of title to statutory right of occupancy to the said parcel of land, which is more particularly, delineated and verged PINK in the said Plan No. ISO/BD/1091/86 of 29/7/86 filed with this further amended statement of claim situate and lying at and being in Ward 37B, Orikpa Village Area, Benin City.

2. N50, 000.00 being damages for trespass in that on or about January, 1979, the defendant by himself, servants or agents br…

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