JIMI OLUKAYODE BADA, J.C.A.(Delivering the Leading Judgment): This appeal emanated from the Judgment of the High Court of Justice, Edo State sitting at Ekpoma in Suit No. HEK/69/2005 BETWEEN PAUL O. AZAKA V. JULIUS ODIASE delivered on the 20th day of December 2011 wherein Judgment was given in favour of the Respondent who was the Plaintiff at the lower Court.
Briefly, the facts of the case are that by the writ of summons and by paragraph 25 of the statement of claim, the Plaintiff now Respondent claimed against the Defendant now Appellant as follows:-
25(a) that the Plaintiff is the one entitled to a grant of the statutory Right of Occupancy in respect of or over that piece or parcel of land lying and situate along Ihumudumu-Ujoelen Road, Ujoelen, Ekpoma (adjoining Obehi Hostel) measuring 51.99m x 61.00m x 51.79m x 61.00m a place within the jurisdiction of this Honourable Court.
(b) The sum of N2 million (Two Million Naira) only being general damages for trespass.
(c) An order of perpetua…