(1997) JELR 45391 (SC)    

Supreme Court  ·  SC.25/1993 ·  4 Apr 1997 ·  Nigeria
Other Citations
Iseru v. Catholic Bishop.,Warri Diocess (1997) 3 NWLR (Pt.495)
Iseru v. Catholic Bishop, Warri Diocese (1997) 3 NWLR (Pt. 495) 517
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI 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 ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
catholic mission
trial court
agbassa people
learned trial judge
swamp area
better title
court of appeal
deed of lease
possession of the land
concurrent findings of fact
exhibit m
lower courts
bowen avenue
sapele road
high court
leading judgment
present case
following reliefs
learned counsel
reclaimed land
a. b. wali
appellant claiming
benin division of the court of appeal
brother uthman mohammed
catholic bishop of warri dioceses
catholic mission warri
dispute forms
evidence of p.w.1
exclusive possession of either parcel
further trespass
judgment of the high court
jurisdiction of this honourable court
land of the plaintiff
learned s.a.n.
leasehold of the said area
main issue
mr. simon okene
part of the swamp area
portion of a parcel of land
respect of the land
rev. fathers quarters
said land
single issue
support of this issue
temporary occupation of crown land

U. MOHAMMED, J.S.C. (Delivering the Leading Judgment): The Court of Appeal, Benin Division, dismissed the appellant's appeal against the decision of Warri High Court Bendel State (now in Delta State). The judgment of the High Court was delivered by Uwaifo, J(as he then was) on the 5th day of February, 1985.

The suit was filed by the Catholic Bishop of Warri Dioceses against the appellant claiming for the following reliefs:

"(a) The sum of N100,000.00 (One Hundred Thousand Naira) being special and general damages suffered by the plaintiff when in the month of April, 1977, and thereafter the Defendant by himself and or his agents broke and entered onto the land of the plaintiff (Catholic Mission) lying and situate along Warri/Sapele Road by Bowen Avenue, Warri within the jurisdiction of this Honourable Court without the consent of the plaintiff and against his will and thereby damaged and or destroyed the plaintiff's fence, cash crops, sugar cane, etc., and started to construct a build…

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