SHOREMI JCA (Delivering the Lead Judgment): This is an appeal against part of the decision of the judgment of the lower court of the Benin Judicial Division delivered on 4th June, 2004.
The appellants as plaintiffs in the lower court claimed against the respondent and one other person as per their statement of claim thus: A declaration that the plaintiffs through the last will and testament of late Hon. Justice E. O.Akpata are the beneficial owners of the land containing an area of 8288 ‘081 square metres lying and situate at Ekae village in Benin (Now Ikpoba
Okha Local Government area of Edo State) and covered by a certificate of occupancy No. BDSR 9726 and registered as No. 2/2/B/35.
(b) An order of perpetual injunction restraining the defendants either by themselves,their agents,servants and/or privies from further trespass on the land in dispute.
(c) An order for the defendants jointly and severally to pay to the plaintiffs the sum of N100,000.00 being damages for trespass. Pleading…