OBI NWANZE OKONJI & ORS V. GEORGE NJOKANMA & ORS

O. OLATAWURA, J.S.C. (Delivering the Leading Judgment): This appeal is from the decision of the Court of Appeal Benin Division dated 21st May, 1986 which confirmed the decision of the High Court of Bendel State, Asaba Judicial Division delivered on 30th day of March 1981 by Akhigbe J.

The Appellants were the defendants in the case No.A/10/73 instituted by the present respondents. Shortly after the action was filed, the Appellants filed a cross action in case No.A/16/73. The two actions are in respect of the same piece of land. The two cases were consolidated. The plaintiffs' claims against the defendants read as follows:

"(a) A DECLARATION OF TITLE to ownership and possession to all that piece and parcel of land known as and called AKWUOSE land situate at Asaba and more particularly delineated and verged purple in Survey Plan No. EC/MW3/73:

(b) N400.00 general damages for trespass to the said land.

(c) A perpetual injunction restraining the defendants their servants, agents and privie…