SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Edo State sitting at Igarra and delivered by M.O. Ighodalo J., on the 25th day of November, 2015, wherein the said judgment was entered in favour of the claimant (now Respondent).
The Respondent herein had as claimant, instituted an action in a representative capacity via a writ of summons filed together with a statement of claim on the 24/4/2011 against the defendant (now Appellant). In paragraph 18 of the Further Amended Statement of Claim subsequently filed on 21/9/2012, the Respondent sought the following reliefs against the Appellant.
(i) A declaration that the purported Deed of Conveyance dated 16th December, 1997 (or 1977) and registered as No. 3 at page 3 in volume 533 at the Land Registry in Benin City whereby Akoko Edo Local Government Council allegedly conveyed the land subject matter of this suit to the defendants predecessor-in-title (i.e New Nige…