S. O. UWAIFO, J.S.C. (Delivering the Leading Judgment): The plaintiff (now appellant) acquired a parcel of land of the size of 100 feet by 100 feet at Eguadaiken Quarters, Ward 23/L, Benin City. His case which was undisputed is that by agreement the original grantee, Mr. Ernest Adesotu Edogun, who gave evidence as d.w. 4, transferred the said land to him sometime in 1975. The said Mr. Edogun had earlier been allocated a plot of land 100 feet by 200 feet by the Plot Allotment Committee of the Ward in question which received the approval of the Oba of Benin on 15 March, 1969. It was out of this plot the land transfer was made to the appellant.
The appellant subsequently, on 25 December, 1981, was granted a statutory right of occupancy to the said land as per a certificate of occupancy No. BDSR 1151 and this was registered as No. 29 at page 29 in volume B.25 of the Lands Registry in the Office at Benin City (exhibit C).
The 2nd defendant (now 2nd respondent), who is the mother of the 1s…