(2000) JELR 44017 (SC)    

Supreme Court  ·  SC.37/1995 ·  23 Jun 2000 ·  Nigeria
Other Citations
ELEMA V. AKENZUA (2000) 13 NWLR (Pt.683)92
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
possession of the land
piece of land
chief jonathan elema
land transaction
said land
statement of claim
elder brother jonathan elema
exhibits d
learned justices
learned trial judge
lower courts
oba of benin
parcel of land
favour of the plaintiff
high court of justice
mr. evbuomwan
prince sunday elema
agreed price
a. i. katsina-alu
appellants prince friday elema
benin city edo state
chief g. c. o. eriyamremu
death of chief felix owen elema
defence of the defendants
demise of the said chief elema
elema quarters
estate of their deceased father
evidence of these witnesses
findings of the trial court
grant of statutory right of occupancy
jurisdiction of this honourable court
late chief felix owen elema
leading judgment
note exhibit
onus of proof
ownership of the land
portion of the larger part of the land
respect of a piece of land
s. abowab
see cole v
s. m. a. belgore
survey plan no. er
virtue of a transfer

A. I. KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): The Appellants Prince Friday Elema and Prince Sunday Elema were the Defendants in this action filed at the High Court of Justice, Benin City Edo State. In the action, the Respondent who was the Plaintiff, claimed against the Defendants jointly and severally as follows:-

"(a) A declaration that the Plaintiff is entitled to the grant of Statutory right of occupancy in respect of a piece of land with an area of 12.183 acres situate and lying at Ward 'A' Elema Quarters, Benin City within the jurisdiction of this Honourable Court which said piece of land is demarcated with beacons No. LM. 2559, LM.2558, MA 1975, MA. 1976 and marked 'A' and LM.2561, LM. 2562 and LM.2549 and marked 'B' in Plan No. ER. 511 of 10/10/73 prepared by Chief G. C. O. Eriyamremu, Licensed Surveyor and filed in these proceedings.

(b) N1,000.00 (One thousand naira) damages for trespass on the said land.

(c) Perpetual Injunction restraining the Defendants, Pr…

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