CHIOMA E. NWOSU-IHEME, JSC (Delivering the Leading Judgment): This is an appeal by the Appellant against the judgment of the Court of Appeal, Benin Division delivered by Philomena Mbua Ekpe, JCA on the 12th day of April, 2019 affirming the decision of the trial Court.
RELEVANT FACTS:
The Appellant claimed at the trial Court that he was the head and accredited representative of the Prince Otuedon family of Ugbolokposo Town. The Appellant's claim against the Respondent was that sometime in November 2013 in the course of a routine check on his family land at Ugbolokposo, he discovered that the Respondent and his work men and privies had trespassed on a portion of his family land. All efforts to stop the Respondent and his privies from further trespassing thereon proved abortive. He then filed a claim at the High Court of Delta State claiming as follows:-
A Declaration that the piece of land lying and situate along Uti Road, Ugbolokposo, close to the DSC Express Road by DPR Warri Staff MPCS …