MR. SUNDAY EGBOIGBODIN OBIDICK V. MADAM NEKPEN AGHAHOWA

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Edo State, holden at Benin City, delivered in Suit No. B/351/2011 on the 18th day of October, 2012. The respondent was the plaintiff in the said suit whereby she claimed against the appellant, then defendant, as follows:-

“A). A declaration that the plaintiff is the rightful owner of the property known as No. 20B Amasioho Street, Off Medical Store Road, Okhoro, Benin City.

B). The arrears of rent collected from the house as the house rent amounting to the total sum of N960,000 from 2007 till date.

C). The sum of N240,000 representing rent at the rate of N10,000 per month for the 2 flats yearly until when possession is given up by the defendant.

D). The sum of N600, 000.00 as an act of trespass of the defendant into plaintiff’s property without her consent.

E). Perpetual injunction restraining the defendant, his assigns, or privies from entering the plaintiff’s pr…