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OSAYANDE UHUNMWANGHO V. F.I OKOJIE

(1982) JELR 46399 (SC)

Supreme Court  •  SC.43/1981  •  17 Sep 1982  •  Nigeria

Coram
GEORGE SODEINDE SOWEMIMO JSC; MOHAMMED BELLO JSC; ANDREWS OTUTU OBASEKI JSC; KAYODE ESO JSC; AUGUSTINE NNAMANI JSC;

Appearances
E. O. Ebohon, (with A. I. Uhunmwangho) For Appellant J. O. Saidoh For Respondent

Judgement

A. NNAMANI, J.S.C.(Delivering the Leading Judgment): In this suit, the appellant (plaintiff in the trial court) sued respondents (defendants) for the following reliefs:

1. Declaration of Title to all that piece or parcel of land situate lying and being at ward "A" Aikhionbare Avenue, behind the Government Reservation Area, Benin City within the Benin Judicial Division, property of the plaintiff and which parcel of land shall be particularly described and delineated on the plan to be filed by the plaintiff in this Honourable Court. The annual value of the land is N40.00.

(2) Possession of the said land.

(3) N400 being damages for trespass committed and is still being committed by the Defendants by themselves, their servants and/or agents on the said plaintiff's land.

(4) A perpetual injunction restraining the defendants, their servants and/or agents from committing further acts of trespass on the aforesaid land" .

Pleadings were ordered and were duly filed and delivered.

Both the appel…

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