BALKISU BELLO ALIYU, J.C.A. (Delivering the Leading Judgment): This appeal is said to be against the judgment of the Edo State High Court holden in Benin City (trial Court) that was delivered on the 17th June 2013 in respect of the suit No. B/307/2001 filed by the Respondent being the Plaintiff against the Appellant herein as the Defendant. The suit was commenced before the trial Court vide an amended writ of summons filed on the 5th June 2006 (page 10 to 11 of the record of appeal) and a 2nd amended statement of claim filed on the 18th January 2012. The Respondent claimed against the Appellant the following reliefs:
1. A declaration that as against the Defendant and any other person claiming through or under her, the Plaintiff herein is the person best entitled to apply for and to obtain a statutory right of occupancy under the Land Use Act in respect of that parcel of land measuring 90 feet by 120 feet lying situate and known as No 1, Osaigbovomwan Street (New Road), off Ewah Road, B…