PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This appeal emanates from the judgment of the Delta State High Court sitting at Owa-Oyibu delivered on the 29th day of October, 2012 whereby the Court granted all the reliefs sought by Claimant for the land, the subject matter of the suit before the lower Court.
Dissatisfied with the said decision, the Appellant herein filed a notice of appeal on the 29th November, 2012. The facts of this case briefly stated are as follows:
The Respondent as claimant at the trial Court took out a writ of summons against the Appellant herein as Defendant claiming the reliefs as follows:
i) A declaration that the Plaintiff is entitled to the grant of a statutory right of Occupancy over the piece and parcel of land situate and lying off Eruemulor Street, Between Powerline and Efeizomor Street, Boji Boji, Owa measuring approximately 1515.351 Sq Metres and bounded by Beacon Pillars Nos. BDAB, 1751, BDAB.1753, BDAB. 1754 and BDAB.1755 in the proper…