JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Judgment of Edo State High Court of Justice, Auchi Judicial Division in Suit No. HAU/29/2009: between MALLAM SANI MUSA V. BRAIMAH SULEMAN delivered on the 6th day of October, 2011 wherein Judgment was entered in favour of the Plaintiff hereinafter called the Respondent and against the Defendant hereinafter called the Appellant.
Briefly, the facts of the case are that by paragraph 36 of the Plaintiffs Statement of Claim filed on the 22nd day of May 2009, the Plaintiff claimed against the Defendant as follows:-
(i) A declaration that the Plaintiff is still the owner of the piece or parcel of land with an area of 1763.162M2 bounded by Beacon Nos. BDS 981, BDS 982, BDS 983 and BDS 984 more particularly described in survey plan No. ISO/ED/106/81 dated 6/7/81 together with an eight (8) rooms building on the land which is lying and situated at No. 73A Warrake Road, Auchi.
(ii) A Declaration that the Def…