ADIO JSC (Delivering the Leading Judgment): The appellant, as plaintiff, in the High Court of Justice, Benin Judicial Division of the defunct Mid-Western State of Nigeria, instituted an action against the 1st respondent and the father of the 2nd respondent. The father of the 2nd respondent died before the commencement of the hearing of the case and, on the application of the appellant, the 2nd respondent was substituted as the 2nd respondent. The appellant's claim according to paragraph 23 of the Amended Statement of Claim, was as follows:-
"(i) Declaration of title to the piece or parcel of land shown on Plan number CS2/77 attached to the deed of conveyance registered as No.6 at page 6 in volume 274 of the Lands Registry in Benin and parcel A on Plan No. 1074/75 attached to the deed of conveyance registered as No.33 at page 33 of Volume 316 of the Lands Registry.
(ii) In the alternative the plaintiff seeks a declaration that the 1st defendant's interest in the parcels of land describ…