UGOCHUKWU A. OGAKWU, JCA (DELIVERING THE LEADING JUDGMENT):
PROLEGOMENON
The toreadors in this appeal are engaged in a tussle in respect of the piece of land situate at Okha Village, Ward 29A Sapele Road, Benin City. The Appellant, who was the Plaintiff at the Lower Court, laid claim to the said piece of land, and contending that the Respondent trespassed unto the land instituted proceedings at the High Court of Edo State, Holden at Benin City in Suit No. B/59/2009 claiming for the following reliefs:
"WHEREFORE, the Plaintiff claims against the Defendant as follows:-
1. A declaration that the Plaintiff is the owner and in lawful possession of all that piece or parcel of land measuring approximately 200 feet by 200 feet lying and situate at Okha Village Ward 29/A, Benin Sapele Road, Benin City and therefore entitled to apply and be granted certificate of Occupancy over same.
2. ₦100, 000:00 (One Hundred Thousand Naira) damages against the Defendant for his acts of trespass unto the lan…