B. O. BABALAKIN, J.S.C. (Delivering the Leading Judgment): In the Benin High Court of the then Bendel State now Edo State, the Plaintiff/Respondent took action against the Defendant/Appellant as follows:-
"(a) A declaration of statutory right of occupancy to the plaintiff's piece of land verged green in survey plan No. ER. 2175 which is filed with the statement of claim.
(b) The sum of N60,100.00 being special damages made up as follows:
(i) value of uncompleted houses damaged by the defendant and/or agents or servants ....N56,100.00
(ii) value of building materials on the site damaged by the defendant and/or her agents or servants......4,000.00
(c) the sum of N39,000 being general damages including loss of rent at rate of N6,000 per annum each bungalow until judgment.
(d) A perpetual injunction to restrain the defendant her servants or agents from committing any further acts of trespass on the land."
Statement of claim and defence were filed, amended and exchanged.
The plaintif…