S. M. A. BELGORE, J.S.C. (Delivering the Leading Judgment): The original appellant, James Abudu, died and was substituted by Jimoh Abudu up to Court of Appeal. By the time this court was to hear the appeal, James Abudu died and was substituted by Iredia Abudu. The appellant was 4th defendant at the trial High Court. The plaintiff at the trial court is Johnson Eguakun, one of the children of late Mr. Eguakun who died in 1935. Mr. Eguakun left many children, male and female, and Johnson was the third son. The eldest son was Omorodion Eguakun, the father of Mary, Samson and Felix who were co-defendants with James Abudu at the trial court.
Sometime in 1944, James Abudu bought a piece of land, now in dispute, from Omorodion Eguakun, the eldest son of Eguakun. The land belonged to late Eguakun and Omorodion as the eldest son, under Benin native law and custom, had certain rights which I shall explain later in this judgment. James Abudu erected a building on the land in 1952, about eight yea…