<p><strong> ROWLAND, JCA (Delivering the Lead Judgment): </strong> The appellant, who was the plaintiff in the lower court in suit No. B/778/97 filed a writ at the Edo State High Court, Benin City against the respondent, wherein she claimed against the respondent as follows:- “The plaintiff claims against the defendant a declaration that the plaintiff is the owner and entitled to the possession of the building situate and being at No.24, Osadolor Street, Off Upper Sakponba Road, Benin City within the jurisdiction of this Honourable Court, in which the defendant lives as a tenant at Will. Annual rent is N10.00. An order of court prohibiting the defendant from selling or mortgaging the said house/building known as No.24, Osadolor Street, Off Upper Sakponba Road, Benin City. An order of injunction restraining the defendant, his agents and or servants from trespassing further onto the said building, No.24 Osadolor Street, Off Upper Sakponba Road, City. N34,840.00 (Thirty four thousand, eight hundred and fort…</p>