Fatayi Williams, J.:-
This is an appeal from a Judgment of the President of the Grade "A" Customary Court, Benin City, in which the respondent claimed:-
(a) a declaration that he is the owner of the house and landed property commonly known and described as No. 1, Ibiwe Street, Benin City; and
(b) in the alternative, a declaration that he is entitled to the said house and property as against the defendant according to customary law.
The learned President after hearing evidence entered Judgment for the respondent, and the appellant has appealed, filing the following grounds in support of his contention:-
(1) that the learned President was wrong in coming to his decision as he failed to seek the advice of the assessors in a matter of customary law involving inheritance;
(2) that as the customary law is not written law, there is no evidence of customary law before the learned President upon which the learned President arrived at his decision;
(3) that the learned President misdirected himself by…