A. I. IGUH, JSC. (Delivering the Leading Judgment): The proceeding leading to this appeal was first initiated on the 18th day of March, 1988 in the High Court of Justice of the former Bendel State of Nigeria, holden at Asaba. In that court, the plaintiff's claims, as amended,against the defendants jointly and severally are as follows:-
"(1) An order of Court on the 1st defendant to pay the 2nd defendant the amount of loan he took from the 2nd defendant plus interest and other charges on the said loan.
(2) An order of court on the defendants to return to the plaintiff the plaintiff's Statutory Certificate of Occupancy No. BDSR 5273 of 14th June, 1985 and registered as No. 9 at page 9 in Volume B.69 at the Lands Registry, Benin City.
(3) To exchange the plaintiff's Certificate of Occupancy No. BDSR 5273 of 14th June 1985 and registered as No.9 at page 9 in Volume B.69 at the Lands Registry, Benin City with the 1st defendant's Customary Certificate of Occupancy No. BDCR 54 and registered…