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OSIFO V. AIGHEYISI

(2022) JELR 110198 (CA)

Court of Appeal  •  CA/B/513/2019  •  19 Dec 2022  •  Nigeria

Coram
Theresa Ngolika Orji-Abadua Muhammed Lawal Shuaibu Sybil Onyeji Nwaka Gbagi

Appearances
S. EbesununFor Appellant(s) E. O. ImarhiagbeFor Respondent(s

Judgement

SYBIL NWAKA GBAGI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Hon. Justice A.N. Erhabor of the High Court of Justice, Edo State sitting at Benin City, delivered on the 9th day of April 2019 wherein the honourable Judge gave judgment in favour of the Respondent by dismissing the Appellant's claim and granted the counter-claim of the Respondent.

The Appellant as Plaintiff in the lower Court claimed against the Respondent/Defendant as follows:-

(i) A declaration that I am the proper person entitled to apply and be granted a Statutory Right of Occupancy to that parcel of land situate at Ugbor Village Area within perimental survey/layout for Ugbor Village situate between Government Reservation Area Benin City and Amagbe Village in Oredo Local Government Area having an area of 891.662 square metres (approximately 100feet by 100feet) and particularly delineated in Survey Plan TDN/ED/172/2009.

(ii) N50,000,000.00 (Fifty Million Naira) being general damage…

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