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SUNDAY OBASOHAN v. THOMAS OMORODION & ANOR

(2001) JELR 44328 (SC)

Supreme Court  •  SC.131/1996  •  13 Jul 2001  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; SYLVESTER UMARU ONU JSC; SAMSON ODEMWINGIE UWAIFO JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Judgement

AYOOLA, J.S.C. (Delivering the Leading Judgment): The Court of Appeal (Musdapher, JCA, Ejiwunmi, JCA (as he then was) and Edozie, JCA) dismissed the appellant's appeal from the decision of the High Court of what was then the Bendel State whereby judgment was entered for the respondents in the following terms:

"(1) It is hereby declared that prior to the Land Use Act 1978, the plaintiffs and the defendant having succeeded their respective fathers in accordance with Bini native law and custom were joint owners of all that piece or parcel of Land with the building thereon situate, lying at No. 41 Akpakpava Street, Benin City within the jurisdiction of this Honourable Court.

"(2) It is hereby declared that the plaintiffs and the defendant are each entitled to a grant of statutory right of occupancy for their respective portions of No. 41 Akpakpava Street. That is, the 1st plaintiff is entitled to the fourteen rooms occupied by his father and inherited by him towards the left side of the …

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