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IGBINOGHODUA OGIGIE & ORS V. A.I. OBIYAN

(1997) JELR 41757 (SC)

Supreme Court  •  SC.110/1991  •  10 Oct 1997  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC;

Judgement

M. L. UWAIS, C.J.N (Delivering the Leading Judgment): The respondent, as plaintiff, brought a suit in 1984 in the High Court of the then Bendel State sitting at Benin City. The appellants were jointly the defendants to the action. The plaintiffs claim as per his further amended Statement of Claim, which was filed on the 18th June, 1986 was as follows:

"(1) A declaration that the plaintiff has possessory title under Bini Customary Law and therefore entitled to apply for and obtain a certificate of occupancy in respect of his piece of land lying, situate at Iguosa Village along the Benin/Lagos Road. Benin City which is particularly delineated in pink in Survey Plan No. OSA/1678/BD 85 filed with this Statement of Claim into which the defendants have trespassed.

2. N10,000.00 (Ten Thousand Naira) being special and general damages for the defendants' act of trespass on the land and;

3. A perpetual injunction to restrain the defendants and their servants or agents from any further acts of t…

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