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AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the High Court of Edo State High Court (the lower court) delivered on 20th day of April, 2004.
At the lower court, the appellant as plaintiff, filed a Writ of Summons against the defendant now respondent, seeking the reliefs set out below:-
a) A Declaration that he is the person entitled to a statutory right of occupancy over the parcel of land now in dispute and not the defendant therefore the Certificate of Occupancy purportedly obtained by the defendant should be set asides.
b) N500, 000 (five hundred thousand Naira) being general damages from the defendant for his trespass to the land.
c) Perpetual injunction restraining the defendant, his servants, agent, and privies from further or continue (a sic) acts of trespass on the land"
After the lower court ordered pleadings, same were filed, exchanged and served on parties before hearing in the suit commenced in earnest. During…