RAPHAEL OLUFEMI ROWLAND, J.C.A (Delivered the Leading Judgment): This appeal is from a judgment of Akhigbe, J. of the Edo State High Court in Suit No. B/66/90 given on 25/10/95.
The Plaintiffs in the court below claimed against the defendant in their Amended Statement of Claim as follows:-
"(a) A declaration that title under Bini Customary land Law to a parcel of land lying and situate at Ward 40/A Ogbeson, Benin City in Oredo Local Government Area within the Benin Judicial Division measuring 100 feet by 200 feet and bounded by Ward Beacon Nos 282,379, 377. 400 which parcel of land is more particularly described in a litigation Survey Plan No. 150/BD/577/90 dated 12/4/90 filed in this action was immediately before the commencement of the Land Use Decree (now Act) vested in the 1st plaintiff and also the 2nd plaintiff to whom the 1st plaintiff transferred part thereof by reason whereof they are entitled to a Statutory Right of Occupancy in respect of the said piece or parcel of land.