SAMUEL AGBONIFO V. MADAMA IRORORE AIWEREOBA & ANOR

P. NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): Before a Benin High Court the plaintiff in a claim amended in paragraph 14 of the Amended statement of claim, claimed against the two defendants as follows:-

"(i) Declaration that the Plaintiff is entitled to possessory title under Bini Customary Law of the parcel of land lying situate along Eboigbe Street, Upper Sakpoba Road, Ward 18th Benin City and verged red on Plan No. ER. 2251 filed with this statement of claim and therefore entitled to a certificate of occupancy in respect of same under the Land Use Act.

(ii) N1,000.00 (One thousand Naira) general damages for trespass committed by the Defendants their servants or agents unto the said land.

(iii) Perpetual injunction restraining the Defendants their servants or agents from entering the said land or in any way interferring with the Plaintiffs rights in or over the said land."

At the hearing, after the exchange of pleadings, each party called evidence and their counsel ad…