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IGBINOVIA & ANOR
V.
OTOTE

(2018) JELR 39380 (CA)

Court of Appeal 22 Mar 2018 Nigeria
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- The dispute involved two consolidated suits over title to the same parcel of land in Benin City, with both parties claiming title from a common grantor (Janet Elema) at different times (1974 and 1992). - The High Court delivered judgment

Case Details

Suit Number:CA/B/441/2014
Judges:JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Counsel:MR. O.A. OTAMERE with him, S. YESUFU and V.A. UDOH For Appellant MR. U.T. UDOCHI For Respondent

MUDASHIRU NASIRU ONIYANGI, J.C.A. (Delivering the Leading Judgment): In the following consolidated Suits No. B/585/98 Between:

MOSES OTOTE (suing by his lawful attorney - Simeon Otote)And

(1) DR. PIUS IGBINOVIA

(2) MRS. ABIEYUWA IGBINOVIA

AND

Suit No. B/593/98 BETWEEN:

MISS ABIEYUWA IGBINOVIA

AND

(1) MR. SIMEON OTOTE

(2) PRINCE SUNDAY ELEMA

(3) PRINCE FRIDAY ELEMA

Instituted at High Court of Justice, Edo State, Benin Judicial Division, judgment was delivered on 13th June, 2014 in favour of the plaintiff who is the Respondent in this appeal and against the Appellants who are Defendants at the trial Court in the following terms. (See pages 194-195 of the record of appeal).

In conclusion, this Court holds that the claimant (Moses Otote) has proved his case on a preponderance of evidence or balance of probabilities this Court accordingly upholds his claim as follows:

(1) This Court hereby declares that the claimant (Moses Otote) is the person entitled to a statutory right of occupancy in respect of th…

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