CHIEF M. N. OZIGBO-ESERE V. MISS ELAYEBI T. U. DEBEKEME

BARKA JCA (Delivering the Lead Judgment) : The respondent as plaintiff, caused a writ of summons dated 29 July 1999, to beissued against the appellant seeking for the reliefs borne in the plaintiff/respondent’s amended statement of claim: “(a) A declaration that the plaintiff is the person entitled to the grant of a statutory right of occupancy in respect of all that piece or parcel (two hundred feet by five hundred feet) lying and situate at ward 43B, Oghede- Ivboioba-Ugbighoko village area, Benin city which piece or parcel of land is more particularly described and delineated and verged Red in the survey plan filedalong with the statement of claim in this action: The sum of N1,000,000.00 (one million naira) being special and general damages against the defendant in that the defendant and his agents broke into and entered upon the plaintiffs said land, destroyed the economic and arable crops thereon without the plaintiffs permission and or consent. Perpetual injunction restraining …