JUDGMENT
OLLENNU J. recited the facts and continued: The issue to be determined is therefore whether the plaintiff's usufructuary title to the land has in any way been affected by the subsequent grant of the same land to the defendant. This is a pure question of law to be deter-mined in accordance with native custom and the answer to it can be found in the native custom as stated by George Boi, otherwise known as Otsiame Yao Boi, Linguist to the Asere Stool, who was called as a witness for the defence. The witness stated as follows:
"If land is granted by the Asere stool to a subject of the stool for building purposes and he does not build on it for a long time, the stool can call him and in consultation with him grant the land to another person who is ready to build; but the stool cannot forfeit the land without first calling the grantee and discussing the matter with him.
"In such a case, when the grantee is called, the elders will tell him that he has had the land a long time and has …