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E. B. CRAIG, J.S.C. (Delivering the Leading Judgment): This is yet another case in the growing list of cases which has been accepted as establishing the customary law on land tenure amongst the Binis in Bendel State.
Some two decades ago, it was decided in the case of K.S. Okeanya v. Madam E. Aguebor (1970) 1 All N.L.R.1 that the customary laws governing the acquisition of land in Benin are as follows:-
"1. All lands in Benin Division are vested in the Oba of Benin who holds such lands as trustee on behalf of the people of Benin.
2. In pursuance of the powers vested in him, the Oba divides the land into Wards and appoints Ward Allotment Committees whose duty it is to supervise the allocation of plots in their respective Wards.
3. Any person desirous of owning land would direct his application in writing to the Ward Allocation Committee in charge of the area where the land is located.
4. When the application has been studied and processed, the Committee would delegate some of their mem…