ADIO, J.S.C. (Delivering the Leading Judgment): The respondents' claim in an action filed by them against the appellants in the Benin Judicial Division of the High Court of the defunct Bendel State of Nigeria was as follows:-
"1. A declaration that the demarcation of building plots made by the defendants on the parcel of land subject of customary grant by the Oba of Benin, Akenzua II, dated 26th November, 1963 in favour of Chief Felix Owen Elema measuring 5,000 feet by 556 feet by 4780 feet by 3130 feet and by 3000 feet within Oko village area, the said land delineated in survey plan No. OM1670 in conveyance registered as No.22 at page 22 in volume 253 of the lands Registry embracing the said land in dispute in physical possession of the plaintiffs within Benin Judicial Division is ultra vires, illegal, unconstitutional, null and void. The said land will be particularly delineated in a survey plan to be filed in this action.
2. An order of perpetual injunction restraining the defend…