JUSTIN THOMPSON AKPABIO, J.C.A. (Delivering the Leading Judgment): This is an Appeal against a Judgment of Amissah, J., of the High Court of the then Bendel State, Holden at Agbor in suit No.AG.28/82 delivered on 29th May, 1986, wherein he entered judgment in favour of the Plaintiff by declaring for him entitlement to Statutory Right of Occupancy in respect of the land in dispute: he also awarded him N230.00 as Special and General Damages for trespass, plus Injunction with 250.00 costs. The Defendant being dissatisfied with the judgment appealed to this court.
At the trial court the claim of the Plaintiff was worded as follows:-
CLAIM
"1. The Plaintiff is in possession of a piece and parcel of land lying, situate along Okobi/Efeizomor/Ebu Owa Road, Boji-Boji Owa within Agbor Judicial Division this is to be more particularly described in Plan to be filed later.
2. On or about 26th day of July, 1982, the Defendant, his servants, agents and/or privies braked and entered without the autho…