(2018) JELR 39126 (CA)    

Court of Appeal  ·  CA/B/324/2012 ·  16 Feb 2018 ·  Nigeria
JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
exhibit p3
statement of claim
inter alia
parcel of land
declaration of title
1st plaintiff
2nd defendant
entire land
learned counsel
litigation survey plan exhibit p3
behalf of the respondents
evidence of the 1st appellant
litigation survey plan no. goa
okhuame village
pastor john onarimi
favour of the respondents
joint land of okhuame community
suit no. haf
ugba communities
addresses of counsel
amended statement of claim
appellants claim
award of cost
case of george
case of the plaintiffs
chief lasisi fajebe
evidence of the 1st plaintiff
exercise of their right of ownership
following acts
following relief
high court of edo state
joint land of okhuame
judgment of the trial court covers pages
leading judgment
learned authors of modern american remedies
local government area of edo state
plaintiffs land
pleaded facts
said judgment
said trial court
submission of the learned counsel
surveyor v.i.p akhimien
survey plan no. vps
underlined portion of the judgment of the trial court
view of the parties pleadings

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): In the High Court of Edo State, holden at Benin City, Suit No. HAF/16/2005 was initially initiated at Afuze, Owan East Local Government Area of Edo State by the appellants as the plaintiffs therein. In paragraph 32 of their amended statement of claim, the appellants sought the following relief against the respondents, who were then defendants:-

1. A declaration of title to the plaintiffs over the piece or parcel of land measuring 29.664 Hectares lying, situate and being at Okhuame Village, Ihievbe shown in Survey Plan No. VPS/BD89/167 made by surveyor V.I.P AKHIMIEN (ANIS) particularly delineated in the litigation survey plan No. GOA/ED11/2005 dated 12-12-2005 made and duly signed by a licensed surveyor G.O. Akigbe.

2. N1,000,000.00 (One Million Naira) general damages for trespass unto the plaintiffs land at Okhuame village, Ihievbe, Owan East Local Government Area, Edo State.

3. An Order of perpetual injunction rest…

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