IBIYEYE, JCA (Delivering the Lead Judgment): This appeal arose from A the judgment of Omorodion, J. sitting in the Benin Judicial Division of the Edo State High Court of Justice in suit No. B/358/91 delivered on the 9th day of February 1996. In strict compliance with the Rules of Civil Procedure in the trial court both the plaintiff and the defendant filed and exchanged pleadings which were amended and further amended. I am of the view that in order to appreciate the case for each of the two parties certain relevant averments in the said pleadings should be reproduced. I accordingly reproduce them. Paragraphs 1, 2, 3, 5, 7, 8, 9, 10, 11, 12, 13, 14 and 16 of the amended statement of claim and paragraphs 1 and 4 of the defence to the counter- claim read: “1. The plaintiff is a Nigerian citizen resident at No. 14 Upper Sakponba Road, Benin City, and is the owner of a parcel of land lying and situate at Avbiama Area within the jurisdiction of this honourable court.
The defendant is a co…