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MARK EHIGIATOR OJO V. COMFORT E. AZAMA

(2001) JELR 44325 (SC)

Supreme Court  •  SC.122/1995  •  26 Jan 2001  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; SYLVESTER UMARU ONU JSC; ANTHONY IKECHUKWU IGUH JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC;

Judgement

ONU, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal sitting at Benin City which on the 4th day of July, 1994 upheld the decision of Omo-Agege J. (as he then was) of the High Court, Benin delivered on the 10th November, 1989 wherein he dismissed the plaintiff/appellant's claim for:

"(1) A declaration of title of statutory right of occupancy to the piece or parcel of land situate in the then Ward 23/L Ugbowo, Benin City.

2. N20,000.00 (twenty thousand Naira) damages for trespass.

3. Perpetual injunction to restrain the defendant, her servants or agents from further trespass.

On her part, the defendant/respondent set up a defence of prior and better title to the land in dispute and counter-claimed against the appellant for:

"Special Damages

5 tipper loads of granite at N200 per load N1,000.00

2 water at tank N250.00 each 500.00

24 bundles of corrugated iron sheets at N 160 per bundle 2,400.00

10,000 cement blocks at N1.00 each 10,000…

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