DR. DANIEL O. OGBEIDE (SUBSTITUTED BY ORDER OF COURT DATED 13 MAY 2013) V. ERNEST O. AMADASUN (SUBSTITUTED BY ORDER OF COURT DATED 13 MAY 2013)

BARKA JCA (Delivering the Lead Judgment): This appeal is against the judgment of the Edo State High Court sitting at Benin City, in suit No. B/731/95 between Mr. Sunday Solomon Omo Amadasun and Mr. Peter Uyi, delivered on 26 April 2007; wherein judgment was entered in favour of the plaintiff in the following terms:

“1. It is hereby declared that the plaintiff is entitled to statutory right of occupancy to that piece or parcel of land lying and situate at Dumez Road junction and School of Health Technology, Idunmuwun Vbiotor/Ugbekun Ward 18H as verged red in the disputed survey plan No. JAA/ED/D001/96/.

2. The defendant, his agents, servants or privies are hereby restrained from further acts of trespass on the land in dispute or doing anything inconsistent with the rights and interests of the plaintiff therein.

3. The defendant shall pay costs assessed at N20,000.00.

In brief, the respondent as plaintiff before the trial High Court in his amended statement of claim, claimed against th…