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OLOWO OKUKUJE v. ODEJENIMA AKWIDO

(2001) JELR 44289 (SC)

Supreme Court  •  SC.58/1992  •  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

KATSINA-ALU, J.S.C (Delivering the Leading Judgment): This appeal is from a decision of the Court of Appeal, Benin Division, which set aside the judgment of the trial Oleh High Court in a land claim. The plaintiff brought this action for himself and on behalf of the Akpara Family of Ofagbe Village against the defendant Odjeniwa Akwido for himself and on behalf of Ighavie Family also of Ofagbe Village in Isoko Division, for the following reliefs:-

1. A declaration of title to the land verged pink in the survey plan filed by the plaintiff.

2. ₦200.00 damages for trespass committed by the defendant between January, 1976 and February, 1976.

3. An order of forfeiture of the defendant's right of tenancy to the area verged pink in plaintiff's survey plan and for an order of perpetual injunction restraining the defendant from carrying on any building on the area verged pink in the survey plan.

4. An order of mandatory injunction to remove any structures erected or crops grown outside the are…

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