ENGR. ALFRED ASOWATA V. MR. K.D.E. AIHIE

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This Appeal emanated from the judgment of the High Court of Edo State sitting in Benin, delivered on 16th October, 2008, wherein the trial Court granted the Respondent’s claim for declaration of title, damages for trespass and an order of perpetual injunction against the Appellant.

The facts of this appeal can be summarized as follows: By a writ of Summons dated 23rd March, 1999 the Plaintiff/Respondent sued the Defendant/Appellant claiming the following reliefs:

a. A declaration that the Plaintiff is entitled to the grant of a statutory Right of Occupancy to all that piece/parcel of land measuring approximately 100 feet by 200 feet lying and being at Ward 11K, Isiohor Iyekuselu, Benin City within the Benin Judicial Division which piece or parcel of land will be more delineated in a Survey Plan to be drawn later.

b. N500, 000. 00 damages against the Defendant for his acts of trespass on the said land.

c. Perpetual injunction t…