IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The present appeal is against the Judgment of the High Court of Delta State which was delivered on November 4, 2005, by the Hon. Justice A.A. Onojovwo. By the said Judgment, the lower court dismissed the Appellant's case and upheld the Respondent's counterclaim against the Appellant. Dissatisfied with the decision in question, the Appellant appealed to this court on November 7, 2005 upon a total of eight grounds of appeal.
The genesis of the instant appeal could be aptly traced to January 1, 2001. That was the day the Appellant caused the said Suit (No. UHC/9/2004) to be instituted in the court below, vide a writ of summons and statement of claim. By the endorsement to the writ of summons and paragraph 26 of the statement of claim thereof, the Appellant's claim against the Respondent is to the following effect:
(i) A declaration of title that Plaintiff is the bona fide and statutory owner of the …