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MR. GHASSAN SAIDI & ANOR V. MR. ALAKE OSAROBO IBUDE

(2010) JELR 47685 (CA)

Court of Appeal  •  CA/B/135/2006  •  10 Dec 2010  •  Nigeria

Coram
AMIRU SANUSI JCA; ALI ABUBAKAR BABANDI GUMEL JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

ALI ABUBAKAR BABANDI GUMEL, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of the Edo State High court in suit No.B/285/2000. The Respondent herein as the plaintiff before the lower court sought for the following reliefs against the Appellants herein, as the Defendants. They are:-

1. A declaration that the plaintiff is the person entitled to a certificate of occupancy in respect of the piece or parcel of land situate, lying and being along Sapele Road, being part of 2nd Defendants along Murtala Muhammed Way, Benin City, a place within the jurisdiction of this Honourable Court.

2. Two Hundred Million Naira (N200,000,000.00) general and special damages for the Defendants' trespass and wanton destruction of the plaintiffs economic crops on the said land as follows:

a) 5,000.00 mature rubber trees at N200.00 from 1990 to the year 2000. N10,000,000.00.

b) 1,000 Bamboo stock at N200.00 each N2,000,000.00.

c) 1,000 Plantain stock at N200.00 each from 1990 t…

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