AMAIZU, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Okoh, J., of the High Court of Justice, Delta State of Nigeria sitting at the Asaba Judicial Division of the court. The judgment was delivered on the 1st day of November, 2001. The facts which led to the present proceedings as they are relevant, briefly, are as follows:
The respondent herein as the plaintiff instituted an action against the appellant as the defendant. In the said action the respondent claimed the following reliefs -
“(a) A declaration that the plaintiff is entitled to the grant of statutory right of occupancy in respect of all that parcel of land known as No. 31, Nnebisi Road, Cable Point Asaba.
(b) An injunction to restrain the defendant whether by himself, his servants, or agents or otherwise from further entering and demolishing the said house situate at No. 31, Nnebisi Road, Cable Point, Asaba.
(c) Three Million (N3,000,000.00) special damages for the destruction caused on the p…