LOKULO-SODIPE JCA (Delivering the Lead Judgment): This is an appeal against the judgment delivered on 12 June 2009, by the High Court of Justice, Edo State, holden in the Benin Judicial Division (hereafter simply referred to as “the lower court”,) presided over by Hon. Justice E.
O. Ahamioje (hereafter simply referred to as “the learned trial judge”). The appellant was the 1st defendant beforethe lower court; while the respondents herein, were the plaintiffs before the said court.
The case was tried before the lower court on pleadings filed and exchanged by the appellant and the respondents. The 2nd defendant in the case did not file any statement of defence and did not participate in the trial before the lower court. The case of the respondents as set up in their further amended statement of claim in the records, put briefly is that the 1st and 2nd respondents are the owners of the properties situate at plots 20B and 20C Dawson Lane, Benin City, respectively. That in accordance with …