JAMES OGENYI OGEBE, JCA (Delivering the Leading Judgment): This is another unfortunate case in which brothers of full blood are fighting over the estate of their deceased father. The respondent sued the appellant in the High Court, Benin claiming as follows:-
"(a) a declaration that plaintiff is the absolute owner in possession of all that storey building and premises known as No. 4, Wire Lane, Benin City and that he is entitled to be granted a statutory right of occupancy in respect of the said property.
(b) a declaration that the occupation and use by the defendant of the ground floor of the said storey building at No. 4, Wire Lane. Benin City, without the consent of the plaintiff constitutes an act of trespass.
(c) possession of the ground floor of the said storey building at No. 4, Wire Lane, Benin City now in the illegal occupation of the defendant.
(d) an order of perpetual injunction restraining the defendant, his servants and/or agents from committing further acts of trespass…