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EHOLOR
V.
OSAYANDE

(1992) JELR 43136 (SC)

Supreme Court 17 Jul 1992 Nigeria
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- The dispute centered on conflicting claims to a parcel of land in Ward 22/J, New Benin, Benin City, by the plaintiff and defendant, both of whom purchased plots from a common vendor, Okhonkpanwoyi Iguisi, but at different times and with d

Case Details

Suit Number:SC.142/1989
Judges:ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU JSC IDRIS LEGBO-KUTIGI JSC EMMANUEL OBIOMA OGWUEGBU JSC SHEHU USMAN MOHAMMED JSC
Counsel:H.I.R. Odiase For the Appellant. Anthony Omorodion For the Respondent.
Other Citations:Eholor v. Osayande (1992) NWLR (Pt. 249) 524 (1992) 7 SCNJ 217

I. L. KUTIGI, J.S.C (Delivering the Leading Judgment): The plaintiff in his amended Statement of Claim sought for the following reliefs against the defendant:

"(a) A declaration of title to all that piece or parcel of land situate lying and being in Ward 22/J, Oye Street, New Benin, Benin City and demarcated by Licensed Surveyor's beacons Nos. MG 5172. MA 7935, MA 7934 and MG 5171 and which said land is clearly delineated in PINK on Plan No.4878 dated 29th December, 1975.

(b) Possession of the said piece or parcel of land.

(c) an injunction restraining the defendant, her agents and/or servants from further trespassing onto the said piece or parcel of land.

Pleadings were filed and exchanged. At the trial the plaintiff testified and called three witnesses. The defendant also testified and called two witnesses.

Briefly stated plaintiff's case was that in 1975 he bought a piece of land measuring 200 ft by 125ft from one Okhonkpanwoyi Iguisi who testified as P. W.1 at the trial. He di…

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