PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This Appeal emanated from the judgment of Hon. Justice T.O. Diai of the High Court of Delta State sitting in Asaba, delivered on 29th Day of January, 2010 dismissing the case of the Plaintiff/Appellant.
FACTS OF CASE:
The facts relevant to this appeal can be summarized as follows. By a writ of Summons dated 16th day July, 2003 the Plaintiff/Appellant sued the Defendant/Respondent claiming the following reliefs;
a. A declaration that the Plaintiff is the owner in possession and entitled to the grant of a statutory right of occupancy in respect of the piece or parcel of land shown verged green on the plaintiffs amended plan, lying and situate at Anyasiagu land, between old and new Anwai Road, Asaba, within the jurisdiction of this Court.
b. The sum of N1, 000,000. 00 (One Million Naira) being damages for trespass in that the defendant sometime in the month of January,2003, without the consent of the plaintiff first had and obtai…