An Edo State High Court sitting in Benin City has granted a perpetual injunction restraining the Unity Bank PLC., its agents, servants and privies from continuing to trespass on a parcel of land measuring 300ft by 500ft situated in Ohovbe village, Ward 40B, Benin City.
The trial judge, Anthony Erhabor in his judgment in suit marked B/193/2008 said that the land has been inherited by Prince Johnbull Adun, the claimant under the Benin customs.
Accordingly, the judge said that Adun alone is entitled to apply for and be granted Certificate of Occupancy over the land.
According to Justice Erhabor, prior to the promulgation of the Land Use Act of 1978, the claimant’s late father, Adun Oyemwense was the owner in lawful possession of the land.
The judge, therefore, held that Unity Bank, which is the defendant in the suit is liable to pay the claimant the sum of N500,000 for trespass.
“This court hereby grants an order of perpetual injunction against the defendant, its agents, servants, privies from continuing to commit acts of trespass on the claimant’s land aforestated,” the judge declared.
The claimant through his counsel, C. J. Enegide had approached the court seeking, among others, N1million being damages against the defendant for acts of continuing trespass.
Enegide filed a-32 paragraph further amended statement of claim, while the defendant counsel filed a-21 paragraph amended statement of defence.
The claimant also filed a consequential amended reply to the defendant’s amended statement of defence.
After the conclusion of trial, the court held in favour of the claimant and dismissed the defence of the defendant.
