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CaseLaw

Owie V. Ighiwi (2005) CLR 1(m) (SC)

Brief

  • Cause of action
  • Raising of new issue on appeal
  • Finding of fact
  • Concurrent finding of fact
  • Admission against interest
  • Proof in civil cases
  • Boundary of land in dispute
  • Survey plan
  • Title to land

Facts

This appeal relates to a land dispute under Bini Customary Law measuring 200 feet by 500 feet and situate at Egba village along Benin/Abraka Road.

By his further amended Statement of Claim dated 2nd June, 1992 and filed on 9th October, 1992, the Plaintiff/Respondent claimed as against the Defendant/Appellant in the defunct Bendel State High Court (per Agun J.) sitting at Benin as follows:

  • 1
    A declaration that the Plaintiff is entitled to Customary Right of Occupancy in respect of the said piece or parcel of land measuring 9302.500sq metres verged pink on Survey Plan Number KP.7139 dated 11th May, 1988.
  • 2
    N500.00 damages for trespass; and
  • 3
    An Order of perpetual injunction restraining the Defendant, his servants and/or agents from further trespass on the said piece or parcel of land.

Issues

  • 1
    Whether the Court of Appeal was right in holding as it did that the...

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