AKINTAN, JCA (Delivering the Lead Judgment): This is an interlocutory appeal from the ruling delivered by Idahosa, J. on 25th September, 1996, sitting at Benin High court in Edo State in suit No. B/368/94. The plaintiff before the lower court was Joseph Agbon Ojeme (now first respondent).
He instituted the action against the three defendants, now 1st and 2nd appellants as 1st and 2nd defendants and 2nd respondents as 3rd defendant. His claim as set out in paragraph 21 of his amended statement of claim is as follows:
“1. Declaration that the plaintiff is the person entitled to statutory right of occupancy to the plot of land measuring 150 feet by 100 feet with the three buildings thereon now numbered 9, 9A and 9B Sparta Lane, New Benin, Benin City.
2. An Order for payment to the plaintiff by the 1st and 2nd defendants the following rents:
(a) Collected by the 1st defendant at the rate of N2,000 per month for 16 years at No. 9A, Sparta Lane. - N384,000.00
(b) Rent collected by 1st defen…