<p>SAMUEL CHUKWUDUMEBI OSEJI, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Delta State sitting in Kwale Division and delivered on the 31st day of August, 2007.</p><p>The Appellant herein was the plaintiff in the lower Court while the Respondent was the Defendant/counter-claimant.</p><p>By a writ of summons dated 9/3/98 the Appellant herein, as plaintiff sought some declaratory and injunctive reliefs against the Respondent as defendant with respect to and connected with the piece of land along Umunede/Ogwashi-Uku Road, Ubulu-Uku, Delta State.</p><p>In the amended statement of claim dated 9/8/2002, the Appellant claimed against the Respondent in paragraph 18 thereof as follows:</p><p>Whereof, the Plaintiff claims against the Defendant as follows:</p><p>(a) A declaration that the plaintiff is entitled to the statutory Right of Occupancy to all that piece and parcel of land as depicted in plaintiff plan No. OSD/474/98.</p><p>(b) Five Hundred Thousand Naira (N500,000.00) being dama…</p>