(2002) JELR 44540 (SC)    

Supreme Court  ·  SC.82/1997 ·  8 Mar 2002 ·  Nigeria
Other Citations
Okhuarobo v. Aigbe (2002) 9 NWLR (Pt.771)29 (2002) 3 S.C (Pt.I) 141
IDRIS LEGBO KUTIGI 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 UMARU ATU KALGO Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
benin city
root of title
uwague ehanire
learned trial judge
court of appeal
said property
trial court
3rd defendants
statutory right of occupancy
2nd defendant
said uwague ehanire
statement of claim
perpetual injunction
5th defendants
counter claim
order of perpetual injunction
2nd east circular road
order of the court
agent of the plaintiff
n10,000.00 damages
purported sales of the said property
said house
sale of the said property
state of the pleadings
amended statement of claim
decision of the learned trial judge
land dispute
main issue
main reason
pleaded source of his title
portion of his piece of land
strength of his own case
bendel state
better title
evidence of pw6
fair hearing see metalimpex v
high court of justice
leading judgment
oral evidence
pleadings of the parties
profound respect
surviving defendants
trial courts
u. a. kalgo

A. I. IGUH, J.S.C. (Delivering the Leading Judgment): The appellants are the surviving defendants in a suit instituted by the plaintiff at the then High Court of Justice, Bendel State wherein the plaintiff's claims as set out in paragraph 40 of his amended statement of claim are as follows:

"(a) A declaration that the plaintiff is entitled to a statutory right of occupancy to all that house, land and premises situate at and generally known as No. 192, 2nd East Circular Road, in ward "E" council otherwise known as ward 10 'E' in Oredo Local Government Area, Benin city in the Benin Judicial Division and that the purported sales of the said property by the 1st, 4th and 5th defendants to the 2nd defendant is void and of no legal effect whatsoever.

(b) N10,000.00 damages for trespass committed by the defendants and or their servants and agents on the said house and premises on or, about the 16th day of January, 1978.

(c) An order of the court to set aside the sale of the said property by t…

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