A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading judgment): In an action commenced in the Benin Customary Court No.3, the particulars of the plaintiffs claim read
"The plaintiffs claim against the defendant is for a declaration of title of ownership to a piece of land measuring 100 feet by 98 feet lying between beacon Nos. 605 and 604, and situated at Ugbekun area in Ward 18H Benin City, now encroached upon by the Defendant since three months.
The piece of land values about 100pounds (one hundred pounds)."
The defendant denied the plaintiffs claim. At the hearing which followed, the plaintiff and the defendant testified and called witnesses. After the evidence-in-chief of Jonathan Owie Aiyebahan (1st P/W) has been recorded by the learned President of the Customary Court, the following note was made by him in the record of proceedings:
"Question by plaintiff to the witness: No." The second witness for the plaintiff then testified and after he had been duly cross-examined, the plainti…