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OSAHON NATHANIEL OBAYUWANA & ORS v. CHIEF JOHN OSAMEDE ADUN

(2020) JELR 87204 (SC)

Supreme Court  •  SC.831/2015  •  24 Jan 2020  •  Nigeria

Coram
OLUKAYODE ARIWOOLA JSC JOHN INYANG OKORO JSC AMINA ADAMU AUGIE JSC PAUL ADAMU GALUMJE JSC UWANI MUSA ABBA AJI JSC

Judgement

AMINA ADAMU AUGIE, J.S.C. (Delivering the Leading Judgment): The Appellants, who were Plaintiffs, filed an action against the Respondent at the Edo State High Court, wherein they claimed:

a. A DECLARATION that the 1st Plaintiff is the beneficial owner under Bini Native Law and Custom of all that property situate and lying at No. 16, Old Eguanogbe Street, Benin City having inherited same from his late father late Pa. Samson Ewansiha Obayuwana, who died testate vide his WILL dated 14/5/2002 and as such, 1st Plaintiff is the one entitled to Statutory Right of Occupancy in respect of that property.

b. An Order that the Defendant shall pay the sum of ₦22,000,000.00 (Twenty-Two Million Naira) as special and general damages for the illegal destruction and occupation of the 1st Plaintiff's property as follows:

SPECIAL DAMAGES

i. The open market property in dispute is ₦12,000,000.00 (Twelve-Two Million Naira) as per the valuation Report.

ii. Rent at the rate of ₦4,000.00 (Four Thousand Naira) per m…

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