<p>AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of High court of Justice Delta State, sitting in Sapele Judicial Division (hereinafter called the lower court&quot;) delivered on 25th July, 2002. The present respondent as plaintiff sued the appellant as defendant claiming the underlisted reliefs as per his Further Amended Statement of claim. The reliefs he sought at the lower court are as follows:-</p><p> a) A declaration that the plaintiff as owner in possession under customary the is the person best entitled to Statutory Right of Occupancy in respect of the piece of land situate, lying at Otowodo Ughelli, known as Ewu Land within the large land Area of Ediagbon family land shown, described in Survey Plan No.JAA/BD/487/88 dated 8th October 1988 and being in Ughelli Township, within the jurisdiction of this Honourable Court.</p><p> b) N500.00 damages for acts of trespass being committed by the Defendant, his servants or agents on the said land.</p><p> c) Perpetual …</p>