HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): The appellant was the plaintiff before the lower Court, while the respondent institution was the defendant. Professor G.E. Okoloko until sometimes in March, 2008 when he retired from the service of the defendant, was a professorial staff of the University of Benin (defendant). He resided and still resides at No. 2 Jalo Close, off Aiguobasimwin crescent GRA, Benin City, having resided in the said house for over 30 years, and having been allocated the house as residential quarters since the year 1973. It needs to be mentioned also that the house in question was by agreement between the then Bendel State and the Federal Government of Nigeria, released to the University for allocation to its staff as residential quarters, and was thence allocated to the plaintiff.
Sometimes in the year 2007, the Federal Government of Nigeria, decided to sell some of its landed properties throughout the country and No. 2 Jalo close GRA Benin City,…