ABBA-AJI JCA (Delivering the Lead Judgment): The appellant commenced this action against the respondent at the High Court of Justice, Auchi by way of originating summons whereby he seeks the following reliefs:-
“(1) A declaration that the plaintiff is entitled to a release of itsproperty registered as No. 25 at page 25 in volume 714 of the lands registry in the office at Benin city which was a subject of litigation at the High Court of Justice, Auchi in suit No. HAU/72/95 Alims Nigeria Ltd v. United Bank For Africa Plc decided by Hon. Justice Aliu Okunega on the 24th day of November, 2000 and presently being retained in the custody of the defendant.
(ii) An order of this honourable court directing the defendant to release to the plaintiff forthwith the aforementioned title deed.”
In a considered judgment delivered on the 1st day of August, 2003, the learned trial Judge refused to grant the reliefs sought. This is what the learned trial Judge said in refusing the grant of the relie…