Benin High Court presided over by Justice Peter Akhihiero, has nullified the revocation of the Certificate of Occupancy (C of O) of parcels of land at Amagba village in Oredo Local Government Area, belonging to Pastor Osagie Ize-Iyamu, by the Edo State government.
Justice Akhihiero gave the order while delivering judgment in Suit No:B/637/2021 established by Pastor Ize-Iyamu and I. O. Farms Limited, testing the denial of his right of inhabitance to the bundles of land at Ward 36/A, at Amagba village area of Benin City.
The Court additionally granted N5million as broad harms to the Petitioner, having held that the Governor of Edo State, Attorney General of Edo State and Edo State Geographic Information Service; the 1st, 2nd and 3rd Defendants respectively in the suit committed act of trespass on the land since July 7, 2021.
The land was denied by the Governor of Edo State on Wednesday, 7 July, 2021 and published on page 47 of Vanguard Newspaper of the same date.
Ize-Iyamu disappointed with the method of denial, initiated Suit No: B/637/2021 with the Governor of Edo State, Attorney General of Edo State and Edo State Geographic Information Service as the 1st, 2nd and 3rd Defendants respectively.
The petitioner had battled that the indicated renouncement didn’t agree with the arrangements of the Land Use Act, taking note of that the repudiation penetrated section 28 of the Land Use Act, Cap. L5, Laws of the Federation of Nigeria, 2004 and thus, disregards the constitution of the Federal Republic of Nigeria and ought to be saved, proclaimed invalid and void by the Court.
In his judgment, settled the two issues for the Petitioners and held that from the proof drove by both the Inquirers and Litigants that it is “Evident that the alleged revocation of the Claimant’s right of occupancy was in breach of the provisions of the Land Use Act”.
The judge likewise held that, “Since I have held that the revocation of the Claimant’s right of occupancy was invalid, it is evident that the Defendants’ entry upon the Claimants’ parcels of land without their permission or consent amounts to trespass”.
