JAMES GAMBO ABUNDAGA, JCA(DELIVERING THE LEADING JUDGEMENT): Before the trial court the Appellant as plaintiff in his 15 paragraphs amended statement of claim sought the following reliefs against the appellant/defendant:
(a) A DECLARATION that the Plaintiff is entitled to the Statutory Right of Occupancy in respect of the parcel of land situate and lying at No. 13 Arthur Richard Ude Street, Cable Point, Asaba, measuring 30.44m by 30.6m and 29.31m with an area of approximately 905.778 square metres and Registered as No. 46 at Page 46 in Volume 38 of the Lands Registry in the Office at Benin City now at Asaba.
(b) ₦5,000.000.00 (Five Million Nara) being general dames against the Defendant for acts of trespass committed on the said parcel of land.
(c) AN ORDER for perpetual injunction restraining the Defendant, her servants, agents and/or privies from further acts of trespass upon any part of the said parcel of land.
(See pages 19-20 of the record of appeal).
The claims were denied by the d…