In the instant case, the plaintiff was allotted a plot of land in the manner described above. His application, Exhibit B for land in Ward H17 was recommended for approval by the appropriate ward Committee, and on 29th January, 1964 the Oba of Benin gave his approval to the allotment. The Oba later conveyed the land to him by a Deed of Conveyance Exhibit C dated 11th November 1969.

Some years later, the Defendants were alleged to have trespassed on the land, and the plaintiffs challenged them. In their reply, they claimed that sometime in 1974 they too had applied to the Oba in the customary manner, for allocation of plots of land to them at Etete Village. The Oba approved of the allotment (exhibits B & J) and later executed the Deeds of Conveyance exhibits H & J respectively in their favour.

They further claimed that the plaintiff’s plot, was not located in Ward H17 as his papers portrayed but in Etete Village Settlement When the matter could not be resolved, the plaintiff sued the Defendants

The defence counsel then asked the court to visit the Locus in quo without objection from the plaintiff’s counsel.

Upon visiting, the judge did not make a record of what he saw and he gave judgment to the defendants granting them, title to the land which they had not claimed and dismissed plaintiffs case.

An appeal was lodged at the Court of Appeal which allowed the appeal.

A further appeal was made to the Supreme Court.