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EHIKHAMETALO
V.
IYARE & ANOR

(2014) JELR 42199 (CA)

Court of Appeal 11 Apr 2014 Nigeria
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- The appellant sought a declaration of an unhindered right of way (easement of access) over land behind his property in Benin City, N1 million in general damages, and, alternatively, compensation for the market value of the land, alleging

Case Details

Suit Number:CA/B/72/2011
Judges:IBRAHIM MOHAMMED MUSA SAULAWA JCA AYOBODE OLUJIMI LOKULO-SODIPE JCA TOM SHAIBU YAKUBU JCA
Counsel:Chief R. E. O. ESITE with him Miss J. I. Okolie and Miss H. E. Osadiaye For the Appellant; A. S. Osin with Mrs. C. E. Ohonba For the Respondent.

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The present appeal is a fall-out of the Judgment of the High Court of Edo State, Benin Judicial Division, delivered on November 12, 2010 in Suit No. B/64/2005. By the said Judgment, the court below, coram E. O. Ahamioje, J; dismissed the Appellant's claim against the Respondent for lacking in merits. Not unnaturally, the Appellant was dissatisfied with the vexed judgment. Thus, he filed the notice of appeal thereof on January 6, 2011.

On March 23, 2005, the Appellant instituted the said suit vide a writ of summons in the court below. By the statement of claim, dated and filed on 23/3/05 along with the writ of summons thereof, the Appellant has claimed against the Respondents jointly and severally the following reliefs:

1. Creation of unhindered right of way to and from the plaintiff's piece of land measuring 95 feet by 100 feet situate on and facing Osayi Cresecent, Ugbor, GRA, Benin City and behind No.9, Ehikham…

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