K. ESO, J.S.C. (Delivering the Leading Judgment): In the High Court of Bendel State, holden at Benin City, the Plaintiff had, in a writ of summons, claimed-
"(a) A declaration of title of ownership in fee simple of all that piece or parcel of land at Ward A Benin City demarcated by beacons Nos. 220-221, 236-237 and by pillars or blocks No. 2817, 2820 MT MB928 and edged RED on Plan No. M/GA 535/73 dated 20th day of November, 1973 and attached to a Deed of Conveyance dated 25th day of November, 1974, registered as No. 32 at page 32 in volume 262 of the Lands Registry in the office at Benin City
(b) N1,000.00 damages for trespass committed by the defendant upon the said piece or parcel of land.
(c) An order of perpetual injunction to restrain the defendant his servants and or agents from further re- entering the said land and committing further acts of trespass thereon".
The learned trial Judge, Akpata, J., ordered pleadings, and they were accordingly settled. The case proceeded to trial…