CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
CHIEF J.O. IYASE & ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents sought for an injunction to restrain the appellant from allocating plots of lands in Isioho village, Benin on the ground that the said lands is not within the jurisdiction of the appellant to allocate.
HELD
Affirming the trial courts decision it was held that the area of land in dispute is within the respondents jurisdiction.
ISSUES
whether Isioho village, in which the land in dispute lies, falls within the area of jurisdiction of either Ward 23/L or 11/K. Per SOWEMIMO, JSC.
RATIONES DECIDENDI
POSSESSION OF LAND
In this case, the plaintiffs had the exclusive right of allocating land to applicants for land in Isioho. It is true that they may not be described as owning the land in Isioho, but since they were properly constituted by the Oba of Benin to allocate land, which is approved subsequently by him, they were in possession of the land in his jurisdiction. Per SOWEMIMO, JSC.
CASES CITED
None.
STATUTES REFERRED TO
None.