Mark Ehigiator Ojo V. Comfort E. Azama (2001)
LAWGLOBAL HUB Lead Judgment Report
ONU, J.S.C.
This is an appeal from the decision of the Court of Appeal sitting at Benin City which on the 4th day of July, 1994 upheld the decision of Omo-Agege J. (as he then was) of the High Court, Benin delivered on the 10th November, 1989 wherein he dismissed the plaintiff/appellant’s claim for:
“(1) A declaration of title of statutory right of occupancy to the piece or parcel of land situate in the then Ward 23/L Ugbowo, Benin City.
- N20,000.00 (twenty thousand Naira) damages for trespass.
- Perpetual injunction to restrain the defendant, her servants or agents from further trespass.
On her part, the defendant/respondent set up a defence of prior and better title to the land in dispute and counter-claimed against the appellant for:
“Special Damages
5 tipper loads of granite at N200 per load N1,000.00
2 water at tank N250.00 each 500.00
24 bundles of corrugated iron sheets at N 160 per bundle 2,400.00
10,000 cement blocks at N1.00 each 10,000.00
TOTAL 13,900.00
General Damages:36,100.00
Grand Total: 50,000.00
The facts of the case may be briefly stated as follows:
The appellant (as plaintiff) at the trial court claimed for declaration of title to the land in dispute verged PINK in Plan No. 150/BD/504/83 – Exhibit’ A’. He also claimed N20,000.00 (twenty thousand Naira) damages for trespass and an injunction against the respondent in respect of the said land. The appellant’s claim of title to the disputed land was based on a transfer from one Felix Irabor (PW5 at the trial) in 1967 which transfer was later reduced to a deed of conveyance in 1970 vide Exhibit E and registered as instrument No. 46 at page 46 in Volume 92 of the Lands Registry, Benin City.
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