IBIYEYE, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Omorodion, J. of the Edo State High Court sitting in Benin and delivered on the 25th day of July, 1997.
The appellant herein, as plaintiff, claimed against the respondents, as defendants, jointly and severally at paragraph 15 of the further amended statement of claim as follows:
“(a) A declaration that the plaintiff is entitled to the grant of statutory right of occupancy to all that piece or parcel of land including the buildings thereon situate and lying at No. 7, formerly No. 4, Igbesamwan Street, at Ward 12F, Benin City within Benin Judicial Division which land is described in the litigation Survey Plan No. ISO/ED/442/95.
(b) A declaration to set aside the purported sale of the said property to the defendants for being void, unconstitutional and of no legal effect whatsoever.
(c) Perpetual injunction restraining the defendants, their servants, agents and or privies from interfering with the prope…