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SUNDAY TEMILE & ORS. v. JEMIDE EBIGBEYI AWANI

(2001) JELR 33644 (SC)

Supreme Court  •  SC.79/1996  •  22 Jun 2001  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI- WHYTE JSC; IDRIS LEGBO KUTIGI JSC; UTHMAN MOHAMMED JSC; OKAY ACHIKE JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Judgement

KARIBI-WHYTE, JSC (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Benin Division, Benin City, delivered on the 26th November, 1993. The court in a unanimous decision of Akpabio, Ejiwunmi and Ogebe JJCA dismissed the appeal of the defendants/appellants against the judgment of the learned trial Judge, Unurhoro J. of Warri High Court with costs against the appellants assessed at ₦700. Defendant has further appealed to this court.

The facts of this case are fairly simple and straightforward. The real issue between the parties is whether plaintiff/respondent was allotted plots 8 and 9 of the Ajamimogha Layout, as a gift by the family as he claims, or was allotted plot 31 by the family as a gift as claimed by the defendants/appellants. The learned trial Judge and the court below have found for the plaintiff/respondent. The learned trial Judge also awarded ₦1,000 damages and granted perpetual injunction restraining Sunday Temile, the 3rd defenda…

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