IGUH, JSC (Delivering the Lead Judgment): The appellants are the surviving defendants in a suit instituted by the plaintiff at the then High Court of Justice, Bendel State wherein the plaintiff’s claims as set out in paragraph 40 of his amended statement of claim are as follows:-
“(a) A declaration that the plaintiff is entitled to a statutory right of occupancy to all that house, land and premises situate at and generally known as No. 192, 2nd East Circular Road, in Ward ‘E’ Council otherwise known as Ward 10 ‘E’ in Oredo Local Government Area, Benin City in the Benin Judicial
Division and that the purported sale of the said property by the 1st, 4th and 5th defendants to the 2nd defendant is void and of no legal effect whatsoever.
(b) N10,000.00 damages for trespass committed by the defendants and or their servants and agents on the said house and premises on or about the 16th day of January, 1978.
(c) An order of the court to set aside the sale of the said property by the 1st , 4th …