AKPATA
V.
UGO.

(2006) JELR 57638 (CA)    

Court of Appeal  ·  CA/B/22/2005 ·  6 Jun 2006 ·  Nigeria
CORAM
PIUS OLAYIWOLA ADEREMI JCA (Presided) UWANI MUSA ABBA-AJI JCA GEORGE OLADEINDE SHOREMI JCA (Read the Lead Judgment)
Core Terms Beta
respondent
evidence
plaintiffs
trial judge
learned trial judge
appellants
1st defendant
appellate court
lower court
acts of trespass
ground of appeal
second defendant
trial court
exhibit p2
lead judgment
appeal court
defendants
evidence of pw1
litigation survey
local government area of edo state
order of perpetual injunction
said land
shoremi jca
weight of evidence
abba-aji jca
absence of any evidence
aderemi jca
appellants’ counsel
appropriate findings of facts
beneficial owners of the land
briefs of argument
conclusion of the case
credible evidence
following cases
further trespass
important facts
improper findings
last will
leave of court
litigation survey plan exhibit b2
lower court of the benin judicial division
particulars of error
part of the decision of the judgment
plaintiffs counsel
respondents
respondent’s brief
square metres
trial court fails
uncontroverted evidence of pw1
ward 37b

SHOREMI JCA (Delivering the Lead Judgment): This is an appeal against part of the decision of the judgment of the lower court of the Benin Judicial Division delivered on 4th June, 2004.

The appellants as plaintiffs in the lower court claimed against the respondent and one other person as per their statement of claim thus: A declaration that the plaintiffs through the last will and testament of late Hon. Justice E. O.Akpata are the beneficial owners of the land containing an area of 8288 ‘081 square metres lying and situate at Ekae village in Benin (Now Ikpoba

Okha Local Government area of Edo State) and covered by a certificate of occupancy No. BDSR 9726 and registered as No. 2/2/B/35.

(b) An order of perpetual injunction restraining the defendants either by themselves,their agents,servants and/or privies from further trespass on the land in dispute.

(c) An order for the defendants jointly and severally to pay to the plaintiffs the sum of N100,000.00 being damages for trespass. Pleading…

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