OLABODE RHODES-VIVOUR, J.S.C.(Delivering the Leading Judgment):The appellant/plaintiff sued the respondents/defendants on a Writ of Summons and Statement of Claim for the following reliefs:-
(a) a declaration that the property known as No.71 Okere Road occupied by the defendant from which the defendant demolished a mud building to erect the present block building is property of the plaintiff under Itsekiri native law and custom and that any purported grant of the said property to the defendant by Eworitsemagbe Oki or by any other person or persons is null and void or is hereby avoided.
(b) a declaration that the defendant residing at the said No 71 Okere Road, Warri is doing so as a trespasser being in occupation without the consent, authority or permission of the plaintiff.
(c) an order ejecting the defendant from the said property and granting possession thereof to the plaintiff.
(d) an order of perpetual injunction restraining the defendant his agents or servants or any person or perso…