NGWUTA JCA (Delivering the Lead Judgment): The appellant commenced suit No. B/501/94 on 5th July, 1994 in the High Court of Edo
State, holden at Benin City. He claimed against the two defendants (husband and wife) jointly and severally the following reliefs: A declaration that the plaintiff is entitled to a statutory right of occupancy in respect of the piece of land situated at Ward 18/H Idummwunvbiotor quarters (otherwise called Ivbiotor quarters) Benin City. The land is 78 feet (24.4 metres by 100 feet /30 metres and is shown in survey plan No. MSC/ED94/ 253 of 14/11/94. N500,000.00 general damages for trespass.
(c) Perpetual injunction restraining the respondents, their servant and agents from further trespass on land.
N48,000.00 per annum from 1/1/94 till judgment for loss of earning. 21% interest per annum on amount awarded the appellant in paragraph (d). Pleadings were duly filed and exchanged. The appellant subsequently filed a further amended statement of claim and the res…