OPUTA, J.S.C. (Delivering the Leading Judgment): In the Court of first instance the Plaintiff who is now the Appellant sued the Defendants/Respondents claiming in his Amended Writ of Summons:-
"(i) Declaration of Statutory Right of Occupancy of the premises situate at and known as No.12, 3rd Cemetery Road Benin City.
(ii) An Order setting aside the Conveyance (of part of the said premises) registered as Instrument No. 14 at page 14 in Volume 379 of Land Registry in the office at Benin from the 2nd Defendant Erasmus Ihama Ogbeide to the 1st Defendant Alhaji S.O. Oyeyinka.
(iii) N5,000 damages for trespass.
(iv) Perpetual Injunction restraining the Defendants, their agents and anyone claiming through them from further trespassing on the said premises."
Pleadings and plans were ordered filed and duly delivered. An Amended Statement of Claim was filed by the Plaintiff. The 1st Defendant also filed an Amended Statement of Defence while the 2nd Defendant filed his own Original Statement o…