UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The tussle in this action is in respect of the piece or parcel of land said to lie and situate at ENO ERHAHON Close, Ugiokhuen Village Ward 36A Benin City. The Appellant, as Plaintiff in the Lower Court sued the Respondent as Defendant, claiming entitlement to a Statutory Right of Occupancy over the disputed land, injunction and damages. The Respondent denied the Appellant's claim maintaining that the disputed land was in Ugbor Village and was part of the plots of land he acquired at Ugbor Village Ward 36/A Benin City. The Respondent asserted that Ugiokhuen had no separate Plot Allotment Committee, but was part of the Irhirhi/Ugiokhuen Plot Allotment Committee.
The Appellant claimed the following reliefs against the Respondent:
"(i) A DECLARATION that the Plaintiff is entitled to statutory Right of Occupancy to that piece or parcel of land lying and situate at ENO ERHAHON CLOSE Ugiokhuen Village, Ward 36A, Benin City …