C. IDIGBE, JSC. (Delivering the Leading Judgment) This is an appeal by the defendant, Madam Iserhienrhien Arase, from the judgment of the Federal Court of Appeal, (Omoigberai Eboh, Nnaemeka Agu, JCA, - Agbaje, JCA., dissenssiente) dated the 23rd day of January, 1979, which confirms the decision of Obaseki, J., (as he then was) of the 24th day of July, 1975 in a matter which ordinarily should present little or no difficulty but, as is usual with cases involving the customary law relating to land transfer in Benin, has become complicated by Bini native law and custom on the subject. These proceedings initiated by the respondent, the plaintiff Peter Uyi Arase, were commenced by a writ of summons of the 16th day of September, 1971 and the questions in dispute between the parties, really, are: which of them is entitled (1) to be declared 'owner' under the customary laws of the Bini people of the land and house thereon situated at 22 Ozah Street in Ward 'C' in Benin City? (2) to possession …