BARKA JCA (Delivering the Lead Judgment): The instant appeal is against the judgment of the High Court of Justice, Edo State sitting in Benin City delivered on 31 July 2009. In the said judgment, captured at pages 122 - 172 of the record, the plaintiff’s claims were dismissed in its entirety.
In a nutshell, the appellant as plaintiff at the lower court took out a writ against the respondent’s mother dated the 22 September 2008, but filed on 23 September 2008. In the further amended writ and further amended statement of claim, the appellant sought for the following reliefs:
“a. A declaration that the plaintiff as the holder, under Benin customary land tenure system of Oba’s approval, dated 20 July 1972, over a parcel of land measuring 100ft x 200ft located at Egba village, ward 34F, Idogbo Area, Benin City, is the owner of the said plot of land and the person entitled to apply for and be granted a statutory certificate of occupancy over the said land. b. A declaration that the unauthor…