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EDOKPOLO
V.
ASEMOTA

(1994) JELR 43328 (CA)

Court of Appeal 6 May 1994 Nigeria
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- The plaintiff/appellant claimed a declaration of entitlement to farmland, damages for trespass, and an injunction, alleging acquisition under Bini customary law via purchases in the 1950s, confirmed by receipts and a grant from the Oba of

Case Details

Suit Number:CA/B/134/92
Judges:JOSEPH DIEKOLA OGUNDERE Justice of The Court of Appeal of Nigeria EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria ATINUKE OMOBONIKE IGE Justice of The Court of Appeal of Nigeria
Counsel:N. N. Sagay (Mrs.) For Appellant S.O. Omokaro, Esq. For Respondent
Other Citations:Edokpolo v. Asemota (1994) 7 NWLR (Pt.356)

OGUNDERE, J.C.A. (Delivering the Leading Judgment): Before Obi J., at the then Bendel State High Court of Justice holden at Benin the plaintiff now appellant in paragraph 20 of his 5th Amended Statement of Claim sought the following remedies:-

(a) A declaration that the cultivated farmland measuring approximately 460.703 hectares lying situate at Oken Camp in Iguovbiarmwen Village along Ehor Road, in Abudu Judicial Division as shown in the survey plan dated 3rd March, 1986 is the cultivated farmland of the plaintiff and that the plaintiff is thus entitled to a prior right to a grant of certificate of occupancy over the said farm land.

(b) N209,200 (Two hundred and nine thousand, two hundred Naira) being special damages for the defendant's acts of trespass on the said piece or parcel of land measuring 70.613 hectares.

(c) N324,800 (three hundred and twenty-four thousand, eight hundred Naira) being general damages for the defendant's acts of trespass on the said piece or parcel of land …

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