BALKISU BELLO ALIYU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Edo State holden at Benin City delivered on the 26th April 2012 in respect of Suit No: B/89/03. The Respondent herein as the Plaintiff initially filed the suit against the Appellant seeking the following reliefs:
1. A declaration that the property known as, lying and situate at No. 6B, Midwest Street (formally No. 21, Midwest Lane Ward 40/A, Uselu, Benin City or Off Iheya Street, Benin City having been assigned by Chief P. O. Oboh to the Plaintiff inter vivos does not fall within the estate of Chief Peter Ogbeide Oboh at the time of his death and the same does not fall for inheritance by any of Chief P. O. Oboh’s Children.
2. A declaration that the occupation and the possession of the said premises by the defendant without the Plaintiff’s consent, permission and authority is unlawful, illegal and amounts to trespass.
3. The sum of N10,000,000.00 (Ten million naira) only…