OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivered the Leading Judgment): This is an appeal against the ruling of the High court of Edo State (hereinafter called the lower court) Holden in Benin city, delivered by E.F. Ikponmwen J., on the 14th day of April, 2008.
At the lower court, the Respondent herein is the plaintiff, while the Appellant is the defendant. Sometime in March, 2006, the Respondent claimed against the Appellant as per his writ of Summons and statement of Claim as follows:
1. A declaration that the plaintiff is the rightful/bonafide owner and the person legally entitled to apply and be granted a Statutory Right of Occupancy in respect of all piece/parcel of land measuring 107.32 feet by 200 feet situate at Ward 36A Ugbor Village Benin City bounded by Ward beacons Nos. 1212A, 1213A,1214A and 1215A covered by an application dated 10th January, 1972 for the said plot/land by one E.A. Igbinoba.
2. A Declaration that the act of the Defendant in entering/interfering with any form …