EDWARD O. NIKAGBATSE (FOR HIMSELF AND ON BEHALF OF THE NIKAGBATSE-OKI FAMILY OF ODEILE, OKERE) V. MADAM MERCY SLATER MADAM ALERO SLATER MR. ORITSEGBUEMI SLATER

BARKA JCA (Delivering the Lead Judgment): The instant appeal is against the judgment of the Delta State High Court, Warri Judicial Division, presided by his lordship, Hon. Justice R.N. Pemu (as he then was) in suit No. W/266/98 between Edward O. Nikagbatse v. Emmanuel Slater And Madam Kukume Slater , delivered on 28October 2009; wherein the plaintiff’s claim was dismissed in its entirety with costs.

The history of events leading to the present appeal as narrated by t he re sponde nts sta rte d as far ba ck as 1956, when one Eworitsemogha Nikagbatse (the appellant’s uncle) sold the piece ofland in dispute to one Victor Ogharandukun. In 1966, just 10 years thereafter, the said Victor Ogharandukun sold the said piece of land to one Mr. Abel Okeleke Ike, who registered the deed of sale as No. 24 at page 24 in volume 35 at the Land Registry in Benin City.

Mr. Abel Okeleke Ike thereafter sold the land to Emmanuel Slater, the first defendant, sometimes in the year 1971. The title deed wa…