TOM SHAIBU YAKUBU, JCA (Delivering the Leading Judgment): This appeal is against the judgment of the Edo State High Court of Justice, holden at Benin City, delivered by E.F. Ikponmwen, J., on 27th September, 2002. The claim of the appellant at the court below, was that he bought a landed property situate at No. 1B, Edobhiye Avenue, off Okhoro Road, Benin City, from the respondent on 24th
August, 1999 upon the payment to the latter of the sum of N2.7 million. That a deed of transfer was consequently executed between the two parties herein. However, that the respondent later reneged and refused to deliver up the possession of the said property to the appellant.
The appellant had to sue the respondent in order for him to take possession of the same property. Hence, in his Further amended statement of claim, he prayed for:
"(a) A declaration that the Plaintiff is entitled to take possession of the building and premises known as and situate at No. 1B, Edobhiye Avenue, Off Okhoro Road, Beni…