(2001) JELR 44315 (SC)    

Supreme Court  ·  SC.108/1991 ·  14 Dec 2001 ·  Nigeria
Other Citations
Igbinokpogie v. Ogedegbe (2001) 18 NWLR (Pt.745) 412 (2001) 12 S.C (Pt.I) 25
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria
Core Terms Beta
2nd defendant
oba of benin
court of appeal
1st defendant
exhibit h
customary court
said land
25th november
learned trial judge
customary grant
terms of settlement
bini customary law
exhibit h.
h council
mr. asoro
benin city
decision of the learned trial judge
further amended statement of claim
2nd defendant of the economic trees
agent mr. d.o. asoro
approval of the land
approval of the respective application of the parties
benin city high court
compromise agreement
counter-claim of the 1st appellant
date of the oba
different dates
exhibit l
face of exhibit h
important aspect of the said compromise agreement
land use act
leading judgment
messrs asoro
possession of the parcel of land
proper order
reserved judgment
respect of the said parcel of land
root of title
said parcel of land
settlement meeting
summons fees

KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): The respondent herein George Ogedegbe was the plaintiff at the Benin City High Court in Suit No. B/126/78. His claim against the defendants/appellants herein was for the following reliefs as contained in his further amended statement of claim.

"(a) A declaration that the plaintiff was seised of and in possession of the parcel of land in dispute under Bini Customary Law applicable to Land Acquisition in Benin City and Districts before the Land Use Act, 1978.

(b) A declaration that the plaintiff is entitled to a certificate of occupancy in respect of the said parcel of land.

(c) Perpetual injunction against the defendants, their servants or agents restraining them from further or continuing acts of trespass on the said land.

(d) General damages of N100.00 (one hundred naira) against the 2nd defendant's trespass unto the said parcel of land."

The parties exchanged pleadings. The defendants filed a joint statement of defence and the …

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