NNAMANI, J.S.C. (Delivering the Leading Judgment): On 25th September, 1989, this appeal came before this Court. After hearing learned Counsel for both parties, and having read the record of proceedings, I was satisfied that the appeal had substantial merit and I allowed it. I indicated that I would give my reasons for that judgment today. I now give the reasons.
This matter was the aftermath of the judgment of this Court in Suit No. SC.43/81 delivered on 17th September, 1982. In the suit in the Bendel State High Court (Suit No. B/52/73) which led to the appeal in the Supreme Court, the appellant herein had sued the 1st respondent and 3 others for title to a piece of land in Benin City, damages for trespass and injunction. In its judgment of 17th September, 1982 which was in 1st respondent's favour, the following relevant orders among others were made by the Supreme Court:-
".........2. That the plaintiff Osayande Uhunmwangho be hereby awarded a declaration of title under Bini Customa…