JOHN A. OSAGIE V. VINCENT U. EGHAREVBA

ROWLAND, JCA: (Delivering the Lead Judgment): This is an appealby the plaintiff and a cross-appeal by the defendant against the decision of Idahosa, J., siting at the High Court of Justice Benin City in suit No. B/385/

The judgment was delivered on 23rd April 1999 wherein the case of the plaintiff was dismissed with costs.

The plaintiff’s claims at the court below are as stated in paragraph 53 of the further amended statement of claim No. 3, and it is reproduced hereunder as follows:

“53 WHEREOF the plaintiff claims against the defendant as follows:

A declaration that the plaintiff is the rightful owner of the entire piece or parcel of land situate at Ward ‘A’ measuring about 99.6 feet by 196.8 feet by 99.8 feet and by 199.6 feet, Benin City, within the jurisdiction of this Honourable Court. The said parcel of land is more particularly delineated in survey beacon No. MT543 and MT544, recited in the deed by conveyance registered as No 27 at page 37 in volume 100 of the Lands Registry Off…