IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A.(Delivering the Leading Judgment): The instant appeal is a fall-out of the Judgment of the High Court of Justice, Edo State, Benin Judicial Division, which was delivered on February 11, 2005. By the Judgment in question, the lower court, coram the Hon. Justice F.S. Erhonsele, granted the 1st Respondent's (Plaintiff's) claim in part, and dismissed the Appellant's (Defendant's) counter claim.
The genesis of the present appeal is traceable to June 5, 2000. That was indeed the day the 1st Respondent instituted the suit (NO.HEK/32/2000), vide a writ of summons, in the court below against the Appellant/Cross-Respondent, the 2nd and 3rd Respondents, respectively, seeking some declaratory and injunctive reliefs. By paragraph 25 of the statement of claim thereof, dated and filed on June 5, 2000, the 1st Respondent (Plaintiff) sought against the Appellant, 2nd and 3rd Respondents, jointly and severally, the following reliefs:
(a) A declara…