S. U. ONU, J.S.C. (Delivering the Leading Judgment): The appellant who was the defendant in the trial High Court - the High Court of Bendel (now Edo) State holding in Benin City - was sued by the respondent, therein plaintiff, who claimed:-
"(a) A declaration that the plaintiff is entitled to a statutory right of occupancy in respect of the said piece or parcel of land measuring approximately 1.283.3 sq. yards.
(b) N5,000.00 general damages for trespass committed by the defendant on plaintiff's said land.
(c) A perpetual injunction restraining the defendant, her servants or agents from committing further or other acts of trespass on the said plaintiffs land."
The facts of the case may be briefly stated as follows:-
For the respondent, it is that in 1972, she applied to the Oba of Benin through the Plot Allotment Committee for Evbareke for a plot of land, approval for which was conveyed to her on 2nd February, 1973. She said that because the appellant trespassed on the said piece of l…