A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment ): In the Benin High Court in suit No. B/116/71, the Commissioner of Lands, Mid-Western State of Nigeria, on the 28th day of October, 1972 applied ex parte-
"for a summons under section 5 of the Native Lands Acquisition Law, Cap. 80 of the Laws of Western Nigeria applicable in the Mid-Western State, to issue to the second defendant who is in unlawful occupation of No. 1A Government Reservation Road, Benin City, and for such further order or other orders as this court may deem fit to make."
Paragraphs 2 to 5 of the affidavit in support of the application read:-
"2. That in suit No. B/116/71 which was before this Honourable Court, the plaintiff/applicant sought the following reliefs:
(i) A declaration that the deed of sub-lease made on 1st day of November, 1968 between the first and second defendants regarding No. 1A Reservation Road, Government Reservation Area, Benin City and registered as No. 16 at page 16 in volume 54 o…