G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): In the Suit B/62/67, the plaintiffs, who are the present Appellants instituted an action against the Defendants, the Respondents in this appeal, and the claims as set out in paragraph 23 of the Statement of Claim are:
(a) A declaration that the exercise of the functions of Plot Allotment Committee by the Defendants, Ward in respect of Allotments made by the plaintiffs before 1963, August, is contrary to the findings of the Local Government Adviser.
(b) An injunction restraining the Defendants and or their agents/servants from further exercise of the areas in dispute and further laying out the said area already allocated to people on the recommendation of Ward 10/E before 30th August, 1963."
The case was heard by Irikefe, J., at the Benin High Court of the Mid-Western State and on Friday, 2nd of August, 1968 he gave judgment in the following terms:
"I would therefore pronounce in favour of the decision contained in the Local Gov…