KAYODE ESO, J.S.C.(Delivering the Leading Judgment): The claim of the plaintiff who is the respondent in the appeal in this Court, and who, to avoid confusion, would be referred to as the plaintiff/respondent hereinafter in this judgment, in the High Court of the Mid-Western State, as the present Bendel State was known at the time of the issuance of the writ of summons, was for
"(A) A DECLARATION OF POSSESSORY TITLE to that piece or parcel of land lying and being situate in Ward 18/H Benin City measuring 100 feet by 100 feet, which piece of land shall be more properly described and delineated in "Pink" on a survey plan to be filed later in these proceedings.
(B) N500 (Five Hundred Naira) damages for trespass.
(C) Perpetual Injunction to restrain the defendant, his servants or agents from further acts of trespass thereon" .
The learned Chief Judge of the State, Ovie- Whiskey C.J. (as he then was), who tried the case, ordered pleadings which were duly delivered. He took evidence led in …