JOSEPH IRORO V. MR. JONAH ETABUKO & ANOR

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A.(Delivering the Leading Judgment): This appeal emanated from a decision of the High Court of Edo State, holding at Iguobazuwa in Suit No. HIGU/26/2011, delivered on 10/12/2015. In the said suit the appellant was the defendant while the respondents were the claimants. The respondents claim as contained in the last paragraph of their amended statement of claim was as follows:

(i) A declaration that the defendants refusal to handover to the claimants their properties (enumerated in paragraph 7 and 8 of the Amended Statement of Claim) after claimants several demands in 2011 is illegal and wrongful.

(ii) An Order of this Honourable Court directing the defendant to pay over to the claimants the sum of N1,000,000.00 as damages for Detinue (Detention of the claimants properties).

(iii) An Order mandating the defendant to pay to the claimants the sum of N1,264,000.00 (One Million, Two Hundred and sixty-four thousand Naira) which represents the monetary value of…