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U. MOHAMMED, JSC (Delivering the Leading Judgment): The central issue for the determination of this appeal is the question whether or not there had been a valid compulsory acquisition by the Government of Bendel State (now Edo State) of a parcel of land over which the appellant, who was plaintiff before the trial High Court, claims that he is entitled to a Statutory Right of Occupancy. The appellant contended that the purported compulsory acquisition of the land in dispute was null and void. The claims of the appellant before the High Court are as follows:
"(a) A declaration that before the Land Use Decree 1978 at all material time the plaintiff is under Bini Customary Law and Custom the owner and is in possession of the parcel of land measuring 400ft x 400ft at Ekae Village Benin City within the jurisdiction of this Honourable court, and therefore entitled to a Statutory Right of occupancy in and over the said land. A survey plan delineating the said land having been filed in court.
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