SAMUEL CHUKWUDUMEBI OSEJI, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Delta State sitting in Kwale Division and delivered on the 31st day of August, 2007.
The Appellant herein was the plaintiff in the lower Court while the Respondent was the Defendant/counter-claimant.
By a writ of summons dated 9/3/98 the Appellant herein, as plaintiff sought some declaratory and injunctive reliefs against the Respondent as defendant with respect to and connected with the piece of land along Umunede/Ogwashi-Uku Road, Ubulu-Uku, Delta State.
In the amended statement of claim dated 9/8/2002, the Appellant claimed against the Respondent in paragraph 18 thereof as follows:
Whereof, the Plaintiff claims against the Defendant as follows:
(a) A declaration that the plaintiff is entitled to the statutory Right of Occupancy to all that piece and parcel of land as depicted in plaintiff plan No. OSD/474/98.
(b) Five Hundred Thousand Naira (N500,000.00) being dama…