GEORGE OLADEINDE SHOREMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Iguobazuwa High Court in suit No.HIGU/10/1994 which was delivered on 1/8/2002 wherein the Appellants claims were dismissed and the reliefs of the Respondent as counter claimant were granted.
In his amended statement of claim at pages 62 - 66 the Appellant (the Plaintiff) claimed as follows:
a) A declaration of title to the piece of land measuring 300 feet by 200 feet lying and situate at Iguosa village, along Lagos Road, Benin City having acquire same under Bini Customary law.
b) The sum of N5,000.00 (five thousand naira) damages for trespass and destruction of the plaintiff's cassava farm, and matches.
c) An order of injunction restraining the Defendant, his agents, privies and servants from further acts of trespass to the land.
d) A declaration that the plaintiff is the person entitled to the certificate of occupancy in respect of the land.
On declaration that the plainti…