GEORGE OLADEINDE SHOREMI, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court Benin City Edo State in suit No. B/319/2003 delivered on 10th April 2008.
The Respondent, Plaintiff in the lower court claimed as follows "Plaintiff claims from the Defendants jointly and severally a declaration.
1) That she is entitled to s Statutory Right of Occupancy in respect of that piece or parcel of land measuring more than 50 feet by 100 feet including two rooms of the main house known as No. 48, Dawson Rood, Benin City being part of the property she received from her father Omwenke Agho as gift intervivos and later formed part of the inheritance from her father, Omwenke Agho (deceased) as at 1947 or thereabout.
2) N8,000,000.00 (Eight Million Naira) damages for trespass in that on or about the 17th day of April, 2003, the second defendant without the consent of the plaintiff purportedly sold and or leased the plaintiff's land to the 1st defendant who pu…