OYEBISI F. OMOLEYE, J.C.A. (Delivering the Leading Judgment) This is an appeal against the judgment of the High Court of Edo State, holden in Benin (hereinafter referred to as the lower Court), delivered on 16th April, 1999 per Hon. Justice C.O. Idahosa.
It is apposite to state that the original Appellant in this matter was Mrs. Izogie Ekhaguere. After her death, this Court made an order substituting her with her son, Paul Ekhaguere.
The Appellant was the plaintiff, while the Respondent was the 1st Defendant at the lower Court. The Appellant claimed against the Respondent and another, a declaration of title to a parcel of land situate at Ukpera village, damages for trespass and perpetual injunction. The Respondent counter-claimed for a declaration of title to the same land and injunction against the Appellant. The 2nd further amended statement of claim of the Appellant and the 1st further amended statement of defence incorporating the counter-claim of the Respondent are contained in p…