PHILOMENA MBUA EKPE, J.C.A.(Delivering the Leading Judgment): This Appeal emanated from the decision of His Lordship, Hon. Justice A. N. Erhabor of the High Court of Edo State sitting in Benin City, delivered on 9th December, 2010 wherein the learned trial judge entered a default judgment in favour of the Plaintiffs, now Respondents.
SUMMARY OF FACTS
By a Writ of Summons dated 29th day of January, 2009 but filed on 19th day of February, 2009 the Respondents as Plaintiffs sued the Appellant as Defendant. The Respondents as Plaintiffs filed a Statement of Claim on the 19th day of March, 2009 wherein they claimed as follows:
(a) An order of mandamus compelling the defendant to promptly prepare, issue and register a Deed of Release of the legal mortgage in respect of the Plaintiffs deceased father (late chief Dadson Omozusi Ogbeides) property known as No.13 Sapele Road, Benin City, and to release the original title deeds registered as No. 50 at page 50 in volume 17 of the Lands Registry Offi…