TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): The claim at the Edo State High Court of Justice, holden at Benin City, at the instance of the respondent was with respect to land acquisition under Benin Customary land tenure. The respondent in his further amended statement of claim averred that he had applied for a parcel of land measuring 300 feet by 2,000 feet situate at Ward 11/K Isiohor village, through the Ward Plot Allotment Committee, to the Oba of Benin. The said Ward 11/k Plot Allotment Committee recommended his application which was approved by the Oba of Benin in 1971. Furthermore, that the land was conveyed to him by the Oba of Benin vide a deed of conveyance which was registered in the Lands Registry at Benin City. Thereafter, the respondent built an eight (8) room bungalow on the parcel of land. However, the appellant claiming title to the same parcel of land, trespassed into the land and destroyed the respondent's 8 room bungalow thereon.
He therefore sough…