UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Edo State delivered on 6th October, 2010 by Hon. Justice E. F. Ikponmwen.
By a Writ of Summon together with a Statement of Claim, the Plaintiff now Respondent claimed as follows:-
1. A declaration that by virtue of Certificate of Occupancy No. BDSR 2780 dated 28th September 1983 and registered as No. 1 page 1 Volume B45 of the Lands Registry Benin city, the Plaintiff is the owner of all that piece or parcel of land measuring approximately 2696.45 sq. meters lying and situate along Evbotubu Road, ward 43D Benin city which is more particularly delineated and described in the Survey Plan No. AR 2914 attached to the Certificate of Occupancy.
2. Declaration that the entry unto the Plaintiff's land covered by the said Certificate of Occupancy registered as No. 1 Page 1 Volume B 24 of the Land Registry Benin city and the destruction of all structure thereon together…