(1997) JELR 45468 (SC)    

Supreme Court  ·  SC.164/1990 ·  11 Apr 1997 ·  Nigeria
Other Citations
Edebiri v Edebiri (1997) 4 NWLR (Pt.498) 165
Edebiri v. Edebiri (1997) 4 NWLR (Pt. 498) 165
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Core Terms Beta
benin city
3rd defendant
omo street
statement of defence
compensation money
high court
supreme court
bini customary law
chief osawe edebiri
senior advocate
suit no. b
court of appeal
trial court
inter alia
said house
order of court
parcel of land
supreme court of nigeria
appeal no. sc
chief waghoreghor
following tenants
part of the land
property of the said edebiri
recovery of possession
contention of the learned counsel
decision of the high court
express finding of the learned trial judge
government of bendel
high court benin city
interest of justice
leading judgment
mr. o. odiase
obvious reasons
owner of no.1 omo street
part of the building
purports of paragraphs
refusal of the trial court
registrar high court benin city
said judgment of the court of appeal
said no.1
said sum of n11
sum of n11,700.00k
s. u. onu

S. U. ONU, J.S.C. (Delivering the Leading Judgment): The plaintiff/appellant and 3rd defendant/respondent (herein after referred to simply as appellant and respondent respectively) were parties to Suit No.B/68/72 in which appellant claimed against the defendants jointly and severally:

"1. For a declaration that the plaintiff is entitled to the sum of N11,700.00k paid by the 1st defendant to court that is to say, to the registrar, High Court, Benin City, in respect of the damage done to the plaintiff's house known and called No.1, Omo Street, Benin City during the construction of Mission Road, Benin City.

2. For an order that the said sum of N11, 700.00k in the custody of the 2nd defendant be paid to the plaintiff, he, plaintiff having obtained a declaration of title to the said No.1, Omo Street, Benin City by a decision of the High Court, Benin City dated 31st July, 1974, in suit No. B/68/72 which said judgment was upheld by the Supreme Court of Nigeria on 10th October, 1977 in appe…

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