JOHN INYANG OKORO, J.S.C. (Delivering the Leading Judgment).: This an appeal against the judgment of the Court of Appeal Benin Division delivered on 13th February, 2004 wherein the lower Court upheld the judgment of the High Court of Delta State holden at Asaba. At the trial Court, the plaintiff's claims were as follows:
"(a) A declaration of the Plaintiff is entitled to the grant of statutory right of occupancy in respect of all that parcel of land known as No. 37 Nnebisi Road, Cable Point, Asaba;
(b) An injunction to restrain the defendant whether by himself, his servant or agents or otherwise from further entering of demolishing the said house situated at No. 31 Nnebisi Road, Asaba Cable Point, Asaba.
c) Three million Naira (N3,000,000,00) special damages for the destruction caused on the property by the defendant,"
Upon being served with the writ of summons, the appellant as defendant, entered a conditional appearance through his counsel. The respondent who was the plaintiff filed h…