<p>S. U. ONU, J.S.C. (Delivering the Leading Judgment): The plaintiff/appellant and 3rd defendant/respondent (herein after referred to simply as appellant and respondent respectively) were parties to Suit No.B/68/72 in which appellant claimed against the defendants jointly and severally: </p><p> &quot;1. For a declaration that the plaintiff is entitled to the sum of N11,700.00k paid by the 1st defendant to court that is to say, to the registrar, High Court, Benin City, in respect of the damage done to the plaintiff&#x27;s house known and called No.1, Omo Street, Benin City during the construction of Mission Road, Benin City. </p><p> 2. For an order that the said sum of N11, 700.00k in the custody of the 2nd defendant be paid to the plaintiff, he, plaintiff having obtained a declaration of title to the said No.1, Omo Street, Benin City by a decision of the High Court, Benin City dated 31st July, 1974, in suit No. B/68/72 which said judgment was upheld by the Supreme Court of Nigeria on 10th October, 1977 in appe…</p>