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WILLIAM OSAYOGIE v. BRIGHT EDOKPAYI

(2014) JELR 33102 (CA)

Court of Appeal  •  CA/B/238/2003  •  28 Mar 2014  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA;

Judgement

AYOBODE OLUJIMI LOKULO SODIPE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 23/3/2001 by the High Court of Edo State holden in Benin City (hereafter simply referred to as "the lower court") presided over by Hon. Justice J. O. Sadoh (hereafter simply referred to as "the learned trial Judge").

The Respondent (as Plaintiff) instituted the case against the Appellant (as Defendant) claiming a declaration of entitlement to the grant of statutory right of occupancy to a parcel of land, damages and injunction. The lower court in its judgment granted the reliefs sought by the Respondent.

The Appellant in the main controverted the case of the Respondent and denied the Respondent's entitlement to the reliefs sought, The Appellant also set up a counter-claim against the Respondent in relation to the land in dispute.

Parties called witnesses in the proof of their respective cases. They also tendered documentary evidence. The Respondent testified in …

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