NGWUTA JCA (Delivering the Lead Judgment): Before the High Court of Edo State, holden at Benin City, the plaintiff claimed against the defendant, in suit No. B/742/98, the following reliefs: “(1) Declaration that the plaintiff having acquired a statutory right of occupancy by the State Government is the only person entitled to use and alienate the said piece or parcel of land numbered BDSR 12428 and registered as No. 19 at page 19 in volume B.177 of the Lands Registry in the office at Benin City dated 17th June, 1996.
N500,000 damages for trespass by making a part of the land as burial ground.
Perpetual injunction restraining the defendant, his agents , servants, privies from coming on the land for whatever purpose.” Pleadings were filed and exchanged by the parties. In his statement of defence, the defendant counter-claimed “for an order setting aside certificate of occupancy No. BDSR 12428 registered as No. 19 at page 19 in volume B.177 of the Lands Registry in the office at Benin C…