MRS. D. M. AIGBE V. BISHOP JOHN EDOKPOLOR

IDIGBE, J.S.C. (Delivering the Leading Judgment): This appeal is from the judgment of the High Court of Bendel (formerly Mid-Western) State of the 2nd day of March, 1973, by which the appellant's claims for declaration of title to land, damages for trespass and an order for injuction were non-suited. More particularly, the claims read:-

"(1). The plaintiff seeks as against the defendant declaration of title as absolute owner according to BINI Customary Law or alternatively as owner in fee simple to all that piece or parcel of land (building plot) situate lying and being along Anglican Girls Church Grammar School Road Benin City registered as No 23 at page 23 in volume 70 of the land Registry in the office at Benin City per Deed of Conveyance filed with this Statement of Claim.

(2). N5pound general damages for trespass to the said land.

(3). Perpetual injunction restraining the defendant whether by himself or his servants or agents or otherwise howsoever from further acts of trespass t…