A. N. ANIAGOLU, JSC (DELIVERING THE LEADING JUDGMENT): The defendant, who is the appellant in this appeal, by a Conveyance (tendered in evidence as Exhibit C and dated 12th October 1966), sold and conveyed a parcel of land, situate in Benin City, of which she alleged was seized "in fee simple in possession free from incumbrances", to the plaintiff/respondent in consideration of a sum of N3245. She described herself, in the Deed of Conveyance, as the "beneficial owner". The plaintiff proceeded to develop the land and to make improvements thereon in the course of which he was challenged by a third party (one Uwensuyi Edosomwan) who laid claim to title to the land a title which he later successfully established in court, leading to the dispossession of the plaintiff of the piece of land. The plaintiff in turn took action against the defendant claiming as follows:
"The Plaintiffs claim against the Defendant is for the sum of 2,066: 19: 8 pounds (Two thousand and sixty-six pounds, nineteen…