FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): Plaintiff, now appellant, had instituted an action against the defendant, now respondent, in which he claimed declaration of title to a piece of land with a thatched house thereon situate at Idunmwungha village in Benin district, possession of the said house, and an injunction restraining the defendant, his agents and/or servants from trespassing on the said property.
The plaintiff's case as borne out by his statement of claim and the evidence adduced by him in support is as follows. The plaintiff, a road overseer with the Ministry of Works and Transport, was, in January 1941, sent to Ehor to supervise some road work between five and ten miles from Benin City. At first he lived in the road camp. Later he went to live at Idunmwungha village as a tenant of one Ehigiator Asemota. Not long after, Asemota sold the house and the purchaser gave the plaintiff notice to quit. With nowhere to move to, the plaintiff went to the reigning …