(2001) JELR 44325 (SC)    

Supreme Court  ·  SC.122/1995 ·  26 Jan 2001 ·  Nigeria
Other Citations
Ojo v. Azama (2001) 4 NWLR (Pt.702) 57 (2001) 1 S.C (Pt.II) 62
Ojo v. Azama (2001) 4 NWLR (Pt. 702) 57
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
trial court
oba of benin
customary law
parcel of land
better title
benin city
disputed land
learned trial judge
declaration of title
leading judgment
learned justices of the court of appeal
prior acquisition of the said land
approval of the oba
doctrine of priority of title
evidence act
exhibit k
respect of the said land
vide exhibit
above passage
above principle
bini customary law
decision of the court
decision of the court of appeal
declaration of title of statutory right
different principles
facts of the case
following reasons
high court
judgment of the trial court
lands registry
oba of bini
paragraph d
respondent set
succinct issues
such application
undisturbed possession of the land
vide exhibit e
view of the court

ONU, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal sitting at Benin City which on the 4th day of July, 1994 upheld the decision of Omo-Agege J. (as he then was) of the High Court, Benin delivered on the 10th November, 1989 wherein he dismissed the plaintiff/appellant's claim for:

"(1) A declaration of title of statutory right of occupancy to the piece or parcel of land situate in the then Ward 23/L Ugbowo, Benin City.

2. N20,000.00 (twenty thousand Naira) damages for trespass.

3. Perpetual injunction to restrain the defendant, her servants or agents from further trespass.

On her part, the defendant/respondent set up a defence of prior and better title to the land in dispute and counter-claimed against the appellant for:

"Special Damages

5 tipper loads of granite at N200 per load N1,000.00

2 water at tank N250.00 each 500.00

24 bundles of corrugated iron sheets at N 160 per bundle 2,400.00

10,000 cement blocks at N1.00 each 10,000…

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