STEPHEN OGBEBOR & SONS SAWMILL LIMITED V. CHIEF JOHN OSAMEDE ADUN

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The present appeal is a fallout of the Judgment of the High Court of Edo State, Benin Judicial Division which was delivered on July 30, 2007 in Suit No. B/194/2003. By the Judgment in question, the court below, coram A.N. Erhabor, J; dismissed the Appellant's suit for lack of competence.

BACKGROUND FACTS

It is evident from the record of appeal, that the said suit was instituted at the court below vide a writ of summons dated April 4, 2003 seeking some declaratory and injunctive reliefs. By the Amended Statement of Claim, dated April 19, 2005, the reliefs sought by the Appellant against the Respondent are as follows:

(a) A declaration that the Plaintiff is the beneficial owner of and in possession of a piece of land marked as "A", "B" and "C", each containing an area of about 3, 675 acres, 3115.84 square yards and 3318.84 Square Yards respectively, lying, being and situate at Evbuoriaria Village Benin/Sapele Road.…