Mrs. Perpetual Efese Idaeho v. Michael Okunrobo & Ors (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SYBIL NWAKA GBAGI, JCA (Delivering the leading judgment)

This is an appeal against the Judgment of the Edo State High Court sitting at Sabongida-Ora delivered on 16th January, 2019 Coram N.A. Imoukhede, J wherein the appellant/claimant was found not to have been able to prove her claim against the respondent/defendant and the case was dismissed.

Facts relevant to the appeal:

The appellant filed suit No. B/394/09 against the respondents at the lower court on 3rd June, 2009 seeking the reliefs set out in paragraph 29 of appellant’s 3rd further amended statement of claim at pages 120 -126 of the records as follows:

“29. Wherefore the claimant claims against the 1st and 2nd defendants jointly and severally as follows:

(A) A declaration that the claimant is the rightful owner of all that piece or parcel of land measuring 100 feet by 100 feet lying and situate at Ward 17/H Benin City known and called No. 8 Obanor Street, (formerly Omorodion Avenue) Off Aideyan Street G.R.A. Benin City and delineated in Survey Plan No. ARK/ASS/B/1357 dated 17th March 1982 and covered by Certificate of Occupancy No. BDSR 3391 dated 30th May, 1984 registered as No. 30 in volume B36 in the Lands Registry Office of the defunct Bendel State now Edo State.

(B) N10,000.00 (ten thousand naira) only Special and General Damages for the defendants’ act of trespass on the piece of land.

Particulars of special damages

Cost of constructing a Boy’s quarters up to

Lintel level, demolished by the defendant: N K

(i) Cost of 2,000 5-inches cement – – 240,000.00

at N120.00 each

(ii) Cost of 10 trips of sharp sand at

N13,000.00 – 130,000.00