TEMILE & ORS.
V.
AWANI

(2001) JELR 33644 (SC)

Supreme Court 22 Jun 2001 Nigeria
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Case Details

Suit Number:SC.79/1996
Judges:ADOLPHUS GODWIN KARIBI- WHYTE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria OKAY ACHIKE Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Counsel:Chief V.E. Otomiewo -for the Appellants For Appellant Respondent absent and unrepresented For Respondent
Other Citations:Temile v. Awani (2001) 12 NWLR (Pt.728)726 (2001) 6 S.C 164

KARIBI-WHYTE, JSC (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Benin Division, Benin City, delivered on the 26th November, 1993. The court in a unanimous decision of Akpabio, Ejiwunmi and Ogebe JJCA dismissed the appeal of the defendants/appellants against the judgment of the learned trial Judge, Unurhoro J. of Warri High Court with costs against the appellants assessed at ₦700. Defendant has further appealed to this court.

The facts of this case are fairly simple and straightforward. The real issue between the parties is whether plaintiff/respondent was allotted plots 8 and 9 of the Ajamimogha Layout, as a gift by the family as he claims, or was allotted plot 31 by the family as a gift as claimed by the defendants/appellants. The learned trial Judge and the court below have found for the plaintiff/respondent. The learned trial Judge also awarded ₦1,000 damages and granted perpetual injunction restraining Sunday Temile, the 3rd defenda…

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