(1982) JELR 46401 (SC)    

Supreme Court  ·  SC.9/1982 ·  19 Nov 1982 ·  Nigeria
Other Citations
(1982) All N.L.R 322 Akpasubi v. Umweni (1982) 11 S.C. 55
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Core Terms Beta
federal court of appeal
ground of appeal
identity of the land
learned trial judge
david iyamu
evidence of the plaintiff
learned trial chief judge
grounds of appeal
kayode eso
only ground of appeal
piece of land
constitution of the federal republic of nigeria
exhibits c
oba of benin
prince edna akenzua
survey plan
4th witness
a. g. irikefe
allotment committe
appellate jurisdiction of this court
chief judge of the state
claim of the plaintiff
clear indication
conflict of the evidence
elaborate assessment of the facts
half brother of the plaintiff
h benin city
high court
issue of beacons
judgment of the high court
land of chief izeobizua iyamu
leading judgment
learned counsel
learned justices
member of the plots allotment committee
parcel of land
question of alleged lack of proof
respondent osayande irabor
said judgment of eso
supreme court rules
trial court
western state

KAYODE ESO, J.S.C.(Delivering the Leading Judgment): The claim of the plaintiff who is the respondent in the appeal in this Court, and who, to avoid confusion, would be referred to as the plaintiff/respondent hereinafter in this judgment, in the High Court of the Mid-Western State, as the present Bendel State was known at the time of the issuance of the writ of summons, was for

"(A) A DECLARATION OF POSSESSORY TITLE to that piece or parcel of land lying and being situate in Ward 18/H Benin City measuring 100 feet by 100 feet, which piece of land shall be more properly described and delineated in "Pink" on a survey plan to be filed later in these proceedings.

(B) N500 (Five Hundred Naira) damages for trespass.

(C) Perpetual Injunction to restrain the defendant, his servants or agents from further acts of trespass thereon" .

The learned Chief Judge of the State, Ovie- Whiskey C.J. (as he then was), who tried the case, ordered pleadings which were duly delivered. He took evidence led in …

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