(1998) JELR 45661 (SC)    

Supreme Court  ·  SC.195/1991 ·  6 Mar 1998 ·  Nigeria
Other Citations
Udih v. Idemudia (1998) 4 NWLR (Pt.545)231 (1998) 3 S.C 50
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
Core Terms Beta
oba of benin
ward 33e plot allotment committee
parcel of land
plot allotment committee
benin city
court of appeal
burden of proof
evidence of the person
ward 33e
bini customary law
further acts of trespass
exclusive possession of the plaintiff
general damages
judgment of the court of appeal
leading judgment
onus of proof
said land
statement of defence
survey plan number mwc
benin division
decision of the learned trial judge
following issues
had power
issue of title
order of perpetual injunction
vacant land
ward 33a
bendel state of nigeria
benin judicial division of the high court
evidence act cap
facts of the case
following reliefs
given bini
lack of jurisdiction
learned trial judge akenzua
mere production of document
plaintiffs claim
plot of land
respondent vide section
said misdirection
specific facts
such lack of jurisdiction
totality of the evidence
vacant nature of the land

OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The plaintiff instituted an action against the defendant in the Benin Judicial Division of the High Court of the then Bendel State of Nigeria claiming the following reliefs:-

"(i) N50,000.00 being general damages for trespass committed by the defendant in or around 27th February. 1980, this year, on that piece or parcel of land verged pink which with that parcel of land verged green and encompassing it in the survey plan number MWC/815/80 filed herewith, is in the lawful and exclusive possession of the plaintiff.

(ii) An order of perpetual injunction to restrain the defendant, her servants, or agents or howsoever from committing trespass or further acts of trespass on the said land."

The case was heard on the pleadings filed and exchanged by the parties. The learned trial Judge Akenzua, J. found the defendant liable, awarded damages against her and granted an order of injunction restraining the defendant and her agents from further …

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