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CaseLaw

Okochi V. Animkwoi (2003) CLR 2(i) (SC)

Judgement delivered on February 28th 2003

Brief

  • Appeal
  • Rejection of finding of fact
  • Raising point suo motu
  • Self help
  • Declaration of title to land

Facts

This is an appeal from the judgment of the Court of Appeal, Benin Division, in which the court allowed the appeal of the respondents, who were the appellants in the lower court. At the High Court, the plaintiffs, who are the appellants in this court, sought for (1) a declaration of entitlement to a statutory right of occupancy. (2) N50,000.00 special and general damages for trespass. (3) Recovery of the sum of N 15,000.00 payable to the plaintiff. (4) Perpetual injunction. The learned trial Judge gave judgment in favour of the appellants, which, as indicated above, was overturned by the Court of Appeal.

Dissatisfied with the judgment, the appellants appealed to the Supreme Court.

Issues

  • a
    Were the Judges of the Court of Appeal right in their finding that the...
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