A. B. WALI, J.S.C. (Delivering the leading judgment): In his writ of summons filed in Benin High Court of the defunct Bendel State, the plaintiff claimed as follows:-
"1. A declaration that, being vested with the Customary and traditional title to a piece of land in Benin City within the jurisdiction of this Court, he is entitled to a Certificate of Occupancy in accordance with the Land Use Decree 1978.
2. A sum of N100.00 being damages in that about the year 1975 the defendant broke and entered into the said land which measures 70 feet by 150 feet and covered by plot approved paper dated 20th December, 1972.
3. An injunction restraining both the defendant, his servants, agents and assigns from further trespass. The value of the said land being N100.00."
The claims were denied by the defendant, and pleadings were ordered, filed and exchanged. The case proceeded to trial. The plaintiff gave evidence and called two witnesses who justified in support of his case. The defendant also gave…