(2018) JELR 39016 (CA)    

Court of Appeal  ·  CA/B/357/2014 ·  1 Feb 2018 ·  Nigeria
UZO IFEYINWA NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria OBANDE FESTUS OGBUINYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
benin city
trial court
learned trial judge
counter claimant
learned counsel
probative value
uselu-lagos road
record of appeal
notice of appeal
counter claim of the defendant
evidence of the parties
order of this honourable court
sole issue
uselu lagos road
abundant evidence
completion of the final burial
head of the family
leading judgment
principal members of the unu family
pw3 void
appellants claim
basis of exhibits c
basis of exhibits c1
counter claim of the respondent
decision of the high court of justice
declaration of this honourable court
exhibit h
mr. jones unu head of the family
oral evidence of defence witnesses
oral evidence of dw1
page volume b.
province of a judge
real estate of late t.s.o. unu
respective counsel
respective issues
respect of the alteration of the said house
sale of the building
statutory right of occupancy
suit no.b
vacant possession of the said property

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice of Edo State of Nigeria delivered on the 21st day of January, 2014 in Suit No.B/475/2013 between the parties herein.

The appellants were the claimants at the trial Court; while the respondent was the defendant/counter claimant.

The appellants herein as claimants had claimed the following reliefs thus;

a. A declaration that the Plaintiffs having validly bought the building located at No. 105 Uselu-Lagos Road, Benin City from Mr. Jones Unu head of the family, who acted on the mandate, consent, permission, concurrence and authority of the elders and principal members of the Unu family in March, 1998 and having remained in effective and peaceful possession ever since are the rightful persons entitled to apply for and be granted a Statutory Right of Occupancy over the building located at 105 Uselu Lagos Road, Benin City by the Edo State Government.

b. A decla…

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