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Land Tussle: Appeal Court Dismisses Case, Awards N15m Against Edo Community

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The Appeal Court sitting in Benin City has dismissed an appeal filed before it by Ukhiri village, challenging an earlier declarative reliefs judgement delivered by the State High Court in Benin in favour of Ulegun Village, both of Ikpoba-Okha Local Government Area of Edo State.

The Appeal Court also allowed the cross appeal filed by the cross appealants (Ulegun) against the cross respondents (Ukhiri Village) and awarded the sum of Fifteen Million Naira ( N15, 000,000.00) as damages against Ukhiri.

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In a unanimous decision read by Justice Biobele Abraham Georgewill, in the main and cross appeal with suit No. CA/B/147/2018 and CA/B/147A, respectively, the court dismissed the Ukhiri’s appeal for lacking in merit.

The Respondents (Ulegun) had on May 25, 2004 approached the trial court (High Court) to seek amongst others a declaration as the owners of the parcel of land measuring 225.47 hectares lying and situated along the Benin-Abraka road, Ulegun village in Ikpoba-Okha local government, Edo State.

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Also, a declaration that the act of Ukhiri Village entry, selling off, building or doing anything whatsoever on the land amounted to the violation of the ruling against the defendants, Ukhiri Osemwende Village in Suit No: 268/B/76 that was upheld by the Supreme court in Suit No: SC/178/1993 and that such act amounted to trespass.

Delivering her judgment which lasted for about two hours in November 2018, Justice Esther Amenaghawon Edigin (now retired) said: “Judgment is hereby entered in favour of the claimants (Ulegun Dukedom) and against the defendants ( Ukhiri Osemwende Dukedom).

“The claimants are entitled to the declaration of title and it is hereby declared that they are the owners of that whole parcel of land measuring 224. 45 hectares lying and situated at Ulegun Village in the Benin-Abraka Road, Ikpoba-Okha Local Government Area of Edo State.

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“Any sales by the defendants on the land is hereby nullified. The defendants, their agents, servants are perpetually restrained from selling, erecting building or doing anything on the land.

“And a damage of N2.5 million is hereby awarded against the defendants (Ukhiri ) and in favour of the claimants (Ulegun)”, the court ruled.

Justice Edigin who averred that the court does not have jurisdiction to sit on appeal over the ruling of the Supreme court.

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Edigin, maintained that it would amount to judicial rascality and also dismissed the counter claims of the defendants.

However, not satisfied with the judgement of the trial court, Ukhiri approached the appellant court to seek amongst others the up turning of the decision of trial court while Ulegun in a cross appeal also approached the court for possible review of the earlier N2.5 million damages against Ukhiri.

Recall that Ukhiri had in 1976 dragged Ulegun to court alleging encroachment of a portion of its land by Ulegun.

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At the lower court, the court observed that the survey plan tendered by Ukhiri as exhibit A was in agreement with that of Ulegun contrary to what they (Ukhiri people) were claiming, hence judgement was entered against Ukhiri and in favour of Ulegun.

The case was again struck out at the Appeal Court for lack of merit along with cost awarded against the appellants over damages and trespass.

Not satisfied with the judgements, Ukhiri village approached the Supreme court on ground that the defendants (Ulegun) only defended their claim in 1976 but did not counter claim.

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After hearing, the apex court upheld the decision of the lower courts and extinguished the appellants’ claim to all the parcel of lands situated on the Benin Abraka road, Ikpoba Okha local government area by the Ukhiri community.

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This prompted the Ulegun community to seek legal service of Ferdinand Orbih (SAN) and Co. to seek declarative reliefs which were granted by Justice Esther Edigin rtd, in 2018.

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Addressing newsmen shortly after the judgements, delivered via Zoom, Counsel to Ulegun Village, Anderson Uwadiae Asemota (Esq), hailed the judgement, declaring that the judiciary remains the last hope of the common man.

He said with the alleged influence wielded by Ukhiri community, Ulegun would have lost the case, describing the judgement as victory for democracy.

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Netanyahu Says Israel’s Strikes On Iran Have ‘Clear Support’ Of Trump

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Prime Minister Benjamin Netanyahu said Saturday that Israel’s air strikes on Iran had the “clear support” of US President Donald Trump.

Our enemy is your enemy… We’re dealing with something that will threaten all of us sooner or later. Our victory will be your victory,” Netanyahu said in a video statement addressed to Trump on the US leader’s birthday.

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READ ALSO: Netanyahu Vows No Mercy After Deadly Hezbollah Drone Strike

This is what Israel is doing with the support, the clear support of the president of the United States, Donald Trump, and the American people and many others in the world.”

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US Lawmaker Shot Dead, Another Wounded In Targeted Attack

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A gunman shot two Democratic state lawmakers in Minnesota early Saturday, killing one and her husband and wounding the other, in what the northern US state’s governor said were politically motivated attacks.

The shootings came at a moment of deep political divisions in the United States, as thousands took to the streets in protest at the policies of Republican President Donald Trump.

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The suspected assailant was still at large, officials said, with a massive manhunt underway.

Trump and US Attorney General Pam Bondi decried what they called “horrific violence” and said the perpetrators would be prosecuted to “the fullest extent of the law.”

State representative Melissa Hortman — the former speaker — and her husband Mark were killed at their home near Minneapolis, Governor Tim Walz told a press conference.

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State senator John Hoffman and his wife Yvette were shot and wounded, the governor said, his voice breaking with emotion. He said officials remained “cautiously optimistic” they would recover.

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This was an act of targeted political violence,” Walz told reporters.

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Peaceful discourse is the foundation of our democracy. We don’t settle our differences with violence or at gunpoint.”

Drew Evans, superintendent of the Minnesota Bureau of Criminal Apprehension, said Hoffman and his wife were shot first, and as police investigated, Hortman and her husband were shot about 90 minutes later.

The suspected gunman was able to escape during an exchange of gunfire with officers near Hortman’s residence, Evans told reporters.

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We’re actively searching for that individual right now,” he said.

– Impersonating law enforcement –

In both cases, authorities believe the assailant was impersonating a law enforcement officer.

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READ ALSO: US-Iran Nuclear Talks In Oman Cancelled

“The suspect exploited the trust that our uniform is meant to represent,” said Bob Jacobson, commissioner of the Minnesota Department of Public Safety.

An anti-Trump rally in Minneapolis — part of the national wave of “No Kings” protests planned for Saturday — was canceled after police issued a shelter-in-place order because of the shootings.

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Flyers for the protests were found in the suspect’s car, as well as a manifesto that named numerous politicians and state officials, police said.

Police are looking for a white man with brown hair, wearing black body armor over a blue shirt and blue pants, local TV station KSTP said.

“We do have the suspect’s car. Suspect is on foot,” said Mark Bruley, the police chief in Brooklyn Park, where Hortman lived.

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The United States has been deeply divided since Trump returned to the White House in January.

READ ALSO: Four Docked Over journalist’s Murder

The Republican president has drawn criticism from Democrats over his harsh deportation policy, his assault on universities and the media and a perceived flouting of limits on executive power as he pushes his agenda.

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At this precipice moment we’re on, this tragic act here in Minnesota should serve as a reminder to all of us,” Walz said.

The democracy and the debates in the halls of Congress, in state houses, in school boards, is a way to settle our differences peacefully and move society to a better place.”

Minnesota Senator Amy Klobuchar remembered Hortman as a friend who entered politics at the same time as her and dedicated her life to serving the state, working on issues such as women’s rights and clean energy.

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Let me be absolutely clear: this was an act of targeted political violence, and it was an attack on everything we stand for as a democracy,” Klobuchar said in a statement. “We must all condemn it.”

Minnesota’s other US senator, Tina Smith, also issued a statement condemning the shootings.

Former House member Gabby Giffords, who survived a shooting to the head in 2011 and is now a prominent advocate for the prevention of gun violence, described herself as “devastated” by the death of Hortman.

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We must protect our democracy from those who try to destroy it with a gun,” Giffords wrote on X.

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Diplomat, Wife Injured In Iran Strikes On Tel Aviv

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Croatia’s consul in Israel and his wife were lightly injured in Iran’s missile strikes on Tel Aviv, Croatia’s Foreign Minister Gordan Grlic Radman said on Saturday.

“I am shaken by the news that our consul and his wife were injured in the attack on Tel Aviv. The building they live in was hit,” he said on X, formerly Twitter.

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“I spoke with them and, fortunately, their injuries are minor and they are not in any life-threatening condition.”

READ ALSO: Tension Heightens As UK Moves Warplanes To Middle East Amid Iran, Israel’s Heated Crisis

Grlic Radman added that his ministry was in constant contact with the Croatian embassy in Israel and was taking all necessary measures to ensure the safety of its staff.

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We strongly condemn attacks on civilians and diplomatic facilities. We call for immediate de-escalation and restraint,” Grlic Radman said.

Israel on Friday launched an unprecedented attack on Iran, hitting scores of targets across the country, including nuclear and military sites and residential buildings.

READ ALSO: Israeli Strikes Kill 13 In Gaza

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Iran said 78 people were killed and 320 wounded in the first wave of Israeli strikes.

Iran retaliated with barrages of drones and missiles at Israel, killing three people and wounding dozens.

AFP

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