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IDEHEN DANIEL E. VS DAVID EHIGIE OSEMWENKHAE

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IDEHEN DANIEL E. VS DAVID EHIGIE OSEMWENKHAE

Legalpedia Citation: (1997) Legalpedia (SC) 11100

In the Supreme Court of Nigeria

HOLDEN AT ABUJA

Thu Jul 17, 1997

Suit Number: SC.74/1990

CORAM


U. MOHAMMED

A.I. IGUH

A.B. WALI


PARTIES


DANIEL E. IDEHEN (On behalf of himself and the children of late Okhomina Idehen) APPELLANTS


DAVID EHIGIE OSEMWENKHAE RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

LAND LAW, TITLE, PROOF, IDENTITY OF LAND
SUMMARY OF FACTS
The plaintiff claimed a declaration that, being vested with the Customary and traditional title to a piece of land , he is entitled to a Certificate of Occupancy in accordance with the Land Use Decree 1978,damagesand injunction restraining both the defendant, his servants, agents and assigns from further trespass.


HELD


Appeal dismissed.


ISSUES


With all the lapses in the plaintiff’s case, can any tribunal come to a reasonable conclusion that there was definitive description of the plot of land, its location and certainty?


RATIONES DECIDENDI


CASES CITED


Kodilinye v. Mbanefo Odu 2 WACA 336.|Baruwa v. Ogunshola 4 WACA 159|Kwadzo v. Adjei 10 WACA 274.


STATUTES REFERRED TO


Supreme Court Rules, 1985 [as amended]|


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