RAPHAEL OKOCHA V. MOSES O. IRUBOR & ANOR

TOM SHAIBU YAKUBU, J.C.A (Delivering the Leading Judgment): The Appellant was the Defendant in Suit No. HCY/25/2003 at the High Court, Owa-Oyibu, Delta State, while the Respondent was the plaintiff in the Suit. Respondent claimed statutory right of occupancy over the land in dispute and N1,000,000.00 (One Million Naira) special and general damages. Appellant counter-claimed and prayed for statutory right of occupancy over the disputed land, perpetual injunction and Two Million Naira damages. The case proceeded to trial and on the 29th day of November, 2007, the court delivered judgment in which it found in favour of the Respondent.

Against the said judgment of Owa-Oyibu High Court in which he declared statutory right of occupancy in favour of the respondent and awarded N50,000.00 as general damages against the appellant in favour of the respondent, the appellant has appealed to this court.

The respondent's case is that he purchased the land from MRS. M.C. OJE (PW1 in the case) who in…