MR. ALAKE OSAROBO IBUDE V. MR. GHASSAN SAIDI & SAIDI HOTEL LTD, BENIN CITY

ABBA AJI, J.S.C. (Delivering the Leading Judgment): The appellant’s case is that his late father was granted the piece of land in dispute by Oba Akenzua II of Benin as the sole trustee of all communal land in Benin evidenced by exhibit A, that is, the registered deed of conveyance between Oba Akenzua II and the appellant’s father. The said exhibit A also contains the survey plan showing the extent of the land is dispute. Tendered also by the appellant were exhibits B and C showing negotiations by the respondents to buy the land in dispute, which negotiation failed because the offer was not accepted the appellant. The appellant as the eldest son of his father inherited the land in dispute after his father’s death. Shortly after, the respondent broke into the land and bulldozed same, destroying the economic trees thereon. After the appellant consulted his counsel, exhibit B was written to the respondents who replied vide exhibit C. The respondents also filed a litigation survey plan, ex…