ONU, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal sitting at Benin City which on the 4th day of July, 1994 upheld the decision of Omo-Agege J. (as he then was) of the High Court, Benin delivered on the 10th November, 1989 wherein he dismissed the plaintiff/appellant's claim for:
"(1) A declaration of title of statutory right of occupancy to the piece or parcel of land situate in the then Ward 23/L Ugbowo, Benin City.
2. N20,000.00 (twenty thousand Naira) damages for trespass.
3. Perpetual injunction to restrain the defendant, her servants or agents from further trespass.
On her part, the defendant/respondent set up a defence of prior and better title to the land in dispute and counter-claimed against the appellant for:
5 tipper loads of granite at N200 per load N1,000.00
2 water at tank N250.00 each 500.00
24 bundles of corrugated iron sheets at N 160 per bundle 2,400.00
10,000 cement blocks at N1.00 each 10,000…