MUNTAKA-COOMASSIE, JCA (Delivering the Lead Judgment): The plaintiff instituted a civil action in the High Court of Justice Benin City, against the defendant claiming a declaration that the plaintiff is entitled to statutory right of occupancy for a piece or parcel of land delineated and verge green on Plan No. ISO/BD/357/82 filed herewith. The plaintiff also prayed the court to award him N2,000.00 (two thousand naira) as damages for trespass and continous trespass, and also claiming annual rent of the said parcel of land at N100.00 (one hundred naira) until the date of judgment. Finally, the plaintiff is seeking for an order of perpetual injunction restraining defendant, his agent, servants or privies from further trespass thereof. After the filing exchange of pleadings the case proceeded in earnest to trial.
At the end of the trial, the learned trial Judge Gbemudu, J. in a reserved judgment found for the defendant and dismissed the claim of the plaintiff, now respondent, on the gro…