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RUFUS ISAAC v. JOHN ODIGIE IMASUEN

(2016) JELR 37186 (SC)

Supreme Court  •  SC.172/2006  •  29 Jan 2016  •  Nigeria

Coram
SULEIMAN GALADIMA JSC; MUSA DATTIJO MUHAMMAD JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; JOHN INYANG OKORO JSC; AMIRU SANUSI JSC;

Judgement

MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Division, delivered on 25th April 2006 affirming the decision of the trial Court, the High Court of Edo State, in Suit No.B/I/84 dated 1st March 1994. The Court which judgment is being appealed against will, from now on, be referred to as lower Court. The brief facts of the case which inform the appeal are hereinunder captured.

The respondent was the plaintiff with the appellant being the defendant at the trial Court. By the endorsement in paragraph 21 of his further amended statement of claim dated 29th June 1988, the respondent claimed against the appellant declaration of title to the right of occupancy to the land in dispute delineated and verged pink in plan No.150/BD/1091/86 of 29-7-86, damages for trespass and injunction.

?Pleadings were filed and exchanged. Trial proceeded on the basis of respondent's amended statement of claim at pages of 19 - 21 …

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