SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Edo State sitting in Benin City and delivered by C.A.R. Momoh C. J. on the 26th day of October 2004 wherein the reliefs sought by the plaintiff (now Respondent) were granted.
The facts that led to the suit in the trial Court was the complaint by the Respondent herein that he had been in quiet and peaceable enjoyment of a piece of land which he bought from one Itula Une in the year 1962 until 1985 when the Appellants allegedly trespassed on the said piece of land claiming to be the rightful owners.
The Respondent then as plaintiff and by a writ of summons dated 31/5/2002 and a further, further amended statement of claim dated 6/12/2002 claimed against the Appellants as defendants as follows:-
Whereof the plaintiff claims against the defendant as per the writ of Summons as follows:-
1. A declaration that the plaintiff is entitled to a statutory right of occupancy in …