Edo High Court restrains Unity Bank PLC from trespass

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BENIN CITY - 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 High Court judge, Justice A. N. Erhabor in her judgement in suit No. B/193/2008 said that the land has been inherited by Prince Johnbull Adun, the claimant in the suit under the Benin Custom.

Accordingly, the judge said that Prince 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 wascthe owner in lawful possession of the land

The judge therefore averred that  Unity Bank PLC, the defendant in the suit is liable to the claimant in the sum of #500,000 for trespass.

The claimant through his counsel, C. J. Enegide Esq had approached the court seeking, among others, #1,000,000 being damaged against the defendant for acts of continuing trespass.

Enegide filed a-32 paragraph further amended statement of claim while the defendant, through  Ogaga Ovrawah SAN filed a-21 paragraph amended statement of defence.

The claimant also filed a consequential amended reply to the defendant's amended statement of defence

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