PETER EDAH DIKE V. OSAYANDE UHUNMWANGHO

GEORGE OLADEINDE SHOREMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of a Benin High Court delivered on 25/7/03 in favour of the Defendant now Respondent. The case of the Plaintiff now Appellant was dismissed.

The Plaintiff's claim in the lower court is as shown in his amended statement of claim at pages 116 - 120. The relevant part shows thus:

a) a declaration that plaintiff is the owner and in lawful physical possession of that parcel of land lying and situate at the junction of Maria Goretti Road/Ugomoson Street, Idumwun-Ivbiotor Quarters, Benin City and more particularly delineated in Survey Plan No. JAA/ED/D10/97 of 1/12/97 filed along with this further amended statement of claim. Therefore, he is the only one entitled to apply for and be granted a certificate of occupancy in respect of the said parcel of land which now forms part of No. 7, Ugomoson Street, Benin City, undisputed property of the plaintiff.

b) a declaration that the invasion…