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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.

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.

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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.

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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.

“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.

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“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.

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

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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.

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.

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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.

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.

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.

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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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12 Feared Dead In Kenya Light Aircraft Crash

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A small plane travelling from Kenya’s coast crashed on Tuesday, according to the country’s aviation authority, with the 12 people on board feared dead.

The small plane was en route to Kichwa Tembo — a private airstrip located in the Maasai Mara National Park — from the tourist hotspot of Diani when it came down at around 5:30am local time (0230 GMT).

“The aircraft had 12 persons on board,” a statement from the Kenya Civil Aviation Authority (KCAA) said.

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It gave no further details, but said that government agencies were already on site to establish the cause of the accident.

READ ALSO:Putin Admits Russia Caused Azerbaijani Plane Crash

The Guardian reports that plane crashes are fairly common in Kenya in the last 18 months. On March 5, 2024, a mid-air collision between a Safarilink Aviation commercial flight and a 99 Flying School training aircraft occurred over the Nairobi National Park, resulting in two fatalities.

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The incident took place shortly after both aircraft had departed Wilson Airport. The collision involved Safarilink Aviation Flight 053, a De Havilland Canada Dash 8 carrying 39 passengers and five crew members, and a 99 Flying School Cessna 172M.

AMREF Aircraft Crash

In August, a light aircraft belonging to the AMREF Flying Doctors crashed into a residential area in Mwihoko, Ruiru, Kiambu County, killing six people and injuring at least two others.

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The aircraft, a Cessna Citation XLS (registration 5Y-FDM), had taken off from Wilson Airport and was en route to Hargeisa, Somalia, when it went down under unclear circumstances.

READ ALSO:Fire On Board Forces Lagos-Atlanta-bound Aircraft Diversion To Ghana

AMREF Flying Doctors CEO Stephen Gitau issued a statement confirming the incident. Mr Gitau noted that the aircraft departed Wilson Airport at 2.17 PM before crashing in Mwihoko. He stated that the organisation is “cooperating fully with relevant aviation authorities and emergency response teams to establish the facts surrounding the situation.”

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Foreign Couple Killed in Kenyan Plane Crash, Earlier in January, a light aircraft crash killed a foreign couple aboard. The accident involved a Cessna 185 aircraft that departed from Nairobi and was en route to Mbaruk in Nakuru County. It went down in the lakeside town of Naivasha at approximately 5:14 p.m. local time (1414 GMT).

At the time, Naivasha Police Deputy Chief Charles Mwai suggested that poor visibility due to fog in the area might have been a contributing factor. Aviation experts have been called to the scene to conduct an investigation.

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UK Police Arrest Asylum Seeker Sex Offender Mistakenly Freed

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The UK police on Sunday arrested an Ethiopian asylum seeker and convicted sex offender, whose crimes had sparked anti-immigration protests, after he was accidentally released from prison in an embarrassing blunder by British authorities.

London’s Metropolitan Police said officers arrested Hadush Kebatu in the north of the capital on Sunday morning, nearly 48 hours after he was mistakenly freed around 30 miles (48 kilometres) away.

Kebatu, 38, had served the first month of a one-year sentence for sexually assaulting a teenage girl and a woman, but was reportedly due to be deported when the Prison Service error occurred on Friday.

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His high-profile case earlier this year in Epping, northeast of London, sparked demonstrations in various English towns and cities where asylum seekers were believed to be housed, as well as counter-protests.

READ ALSO:UK Police Hunt Asylum Seeker Mistakenly Freed For Sex Offence

Commander James Conway, who oversaw the manhunt for him, said “information from the public” led officers to the Finsbury Park neighbourhood of London, where he was found.

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He was detained by police but will be returned to the custody of the Prison Service,” he added.

Kebatu is now expected to be deported.

Prime Minister Keir Starmer said Friday he was “appalled” by the “totally unacceptable” mistake that saw him freed rather than sent to an immigration detention centre.

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The Telegraph newspaper said he was wrongly categorised for release on licence and handed a £76 ($101) discharge grant.

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Police had appealed Saturday for Kebatu to turn himself in, after reports emerged that he had appeared confused and reluctant to leave the prison in Chelmsford, eastern England.

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A delivery driver described seeing Kebatu return several times in a “very confused” state, only to be turned away by staff and directed to the railway station.

The driver told Sky News he saw Kebatu outside the jail, asking, “Where am I going? What am I doing?”

He was starting to get upset, he was getting stressed,” the driver said.

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The father of Kebatu’s anonymous teenage victim told the broadcaster that “the justice system has let us down.”

Police arrested the asylum seeker in July after he repeatedly tried to kiss a 14-year-old girl and touch her legs, and made sexually explicit comments to her.

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He also sexually assaulted an adult woman, placing a hand on her thigh, when she intervened to stop his interactions with the girl.

He was staying at the time at Epping’s Bell Hotel, where scores of other asylum seekers have been accommodated, and which became the target of repeated protests.

AFP

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Madagascar Revokes Ousted President’s Nationality

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Madagascar’s new government has stripped ousted president Andry Rajoelina of his Malagasy nationality in a decree published Friday, 10 days after he was removed in a military takeover.

According to AFP, the decree means that Rajoelina, who was impeached on October 14 after fleeing the island nation in the wake of weeks of protests, would not be able to contest future election.

The decree published in the official gazette said Rajoelina’s Malagasy nationality was revoked because he had acquired French nationality in 2014, local media reported, as photographs of the document were shared online.

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French broadcaster RFI said it had confirmed the decree with the entourage of the new prime minister, Herintsalama Rajaonarivelo, who signed the order.

The decree cited laws stipulating that a Malagasy who voluntarily acquires a foreign nationality loses their Malagasy nationality.

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Rajoelina’s French nationality caused a scandal when it was revealed ahead of the November 2023 elections, nearly 10 years after it was granted.

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It triggered calls for him to be disqualified but he went on to win the contested polls, which were boycotted by opposition parties.

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The 51-year-old politician fled Madagascar after army Colonel Michael Randrianirina said on October 11 his CAPSAT unit would refuse orders to put down the youth-led protest movement, which security forces had attempted to suppress with violence.

Rajoelina said later he was in hiding for his safety, but did not say where.

Randrianirina was sworn in as president on October 14, pledging elections within two years.

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