E. O. OGWUEGBU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment or the Court of Appeal, Benin Division allowing the appeal of the defendant against the judgment of Akpovi. J. (as he then was) sitting in the Benin Judicial Division of the High Court of the then Bendel State. The trial court granted the plaintiffs' claims for a. declaration of entitlement to a Certificate of Occupancy and an injunction restraining the defendant, his servants and/or agents from further acts of trespass on the land in dispute. The court of Appeal reserved the decision of the learned trial judge.
The plaintiffs who were the respondents in the court below have now appealed to this court
Counsel on both sides filed briefs to this court.
"1. Whether the lower court was right in setting aside the findings of fact of the trial court considering the totality of the evidence and thus dismissing the appellants' claim?
2. Whether Exhibit "F' is relevant as an act of possession/owne…