TEMILE
V.
AWANI

(2001) JELR 50958 (SC)    

Supreme Court  ·  SC. 79/1996 ·  22 Jun 2001 ·  Nigeria
 · 
Other Citations
Temile v. Awani (2001) 12 NWLR (Pt. 728) 726
CORAM
IDRIS LEGBO KUTIGI, JSC UTHMAN MOHAMMED, JSC OKAY ACHIKE, JSC EMMANUEL OLAYINKA AYOOLA, JSC
Core Terms Beta
plaintiff
plots
respondent
counsel
evidence
appellants
family
statement of claim
awani family
3rd defendant
1st defendant
learned trial judge
statement of defence
brief of argument
awani family lay-out
judgment of the court of appeal
said plot
itsekiri native law
claim of the plaintiff
evidence act
head of awani family
judgment of the learned trial judge
ajamimogha lay-out
appeal of the defendants
awani family lay-out ajamimogha
chief b. a. m.e. awani
combined testimonies of both pw2
commencement of the land use act
facts of this case
following terms
grant of statutory right of occupancy
important consideration
lead judgment
master plan of the awani family land
parcel of land
plaintiff’s claim
plaintiff ’s consent
plaintiff title
possession of the plaintiff
professional surveyor
property of the plaintiff
real issue
respondent plot no.
survey lines
survey plan of plots
tenderedin evidence
warri high court

KARIBI-WHYTE, JSC (Delivering the Lead 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 N700. Defendant has further appealed to this Court. The facts of this case are fairly simple and straighforward. The real issue between the parties is whether plaintiff/respondent was allotted plots 8 and 9 of the Ajamimogha Lay-out, 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 N1,000 damages and granted perpetual injunction restraining Sunday Temile, the 3rd defe…

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