JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Ruling of the Edo State High Court sitting in Benin City in Suit No B/141/2011 Between MR. GODFREY ALILE and 3 ORS (Suing for and on behalf of the Alile family) AND CHIEF OSAMEDE ADUN and 2 ORS delivered on 15th day of June, 2016.
Briefly, the facts of this case are that the Respondents in this appeal instituted an action against the Appellants and claimed as follows:-
(1) An Order that the purported sale, transfer or alienation of any title, or interest in the property situate, lying and being at 25 Abehe street, Off Ekpenede Street, Ogbe Quarters, Benin City measuring approximately 34.87 metres by 38.29 metres and 31.73 metres by 43.10 metres by the 2nd and 3rd Defendants is null and void and of no effect.
(2) A Declaration that the Plaintiffs family is the one entitled to the grant of Statutory Right of Occupancy.
(3) The sum of (N5,000,000.00) Five Million Naira as damages for trespass and des…