KATSINA-ALU JSC (Delivering the Lead Judgment): This is anappeal by the defendant Osayemwenre Amayo against the judgment of the Court ofAppeal given on 27 July, 1995. Before the trial court the plaintiff Osayande Erinmwingbovo claimed against the defendant the following reliefs: “(1) Declaration that the plaintiff has possessory title to that piece of land situate at Orio village, Benin city within the Benin Judicial Division and therefore the plaintiff is entitled to obtain a certificate of occupancy in respect of the said land shown in plan No. BEC 34.
N1,000.00 (one thousand naira) damages for trespass on the said land in that in January 1979, the defendant broke into the said land and started farmingthereon without the plaintiff’s consent. An order of perpetual injunction restraining the defendant, his servants or agents from entering the said land without the plaintiff’s authority.”
The plaintiff in paragraphs 3,4,5,6,7,8,9,10, 12 and 13 of his amended statement of claim pleaded …