MUHAMMAD JSC (Delivering the Lead Judgment): This is

an appeal against the judgment of the Court of Appeal sitting at Benin, hereinafter referred to as the lower. The 1st respondent, in addition to contesting the claim, counter-claimed against the appellant for: “(1) Declaration that the 2nd defendant is entitled topossession and statutory right of occupancy in respect of the piece or parcel of land measured 100ft by 100ft and the uncompleted storey building at No. 2B, Benoni Hospital Road, Benin City. (2) An or der vacating or re calling the warra nt of possession of land and house (uncompleted building situate at No. 2B, Benoni Hospital Road, GRA Benin City stated 12 February 1997 issued by Honourable Justice S. A. Ekiho. (3) Perpetual injunction restraining the plaintiff, his agents and privies from further taking possession interfering with property situate at No. 2B, Benoni Hospital Road, GRA Benin City.

(4) An order declaring null and void, any statutory right of occupancy granted…