KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC (Delivering the Leading Judgment):
The respondent herein was the plaintiff in a suit she instituted before the High Court of Edo State sitting in the Benin Judicial Division on 3/6/2003 against the 2nd appellant, her brother of full blood and one Goddy Edosa, the 1st appellant, as defendants. It was her contention that during his lifetime, precisely two years before his death in 1947, her father, Omwenke Agho, divided his property, which consisted of houses, undeveloped land as well as farmlands, between his children, male and female. According to her, the eldest son, Mr. Ehirnwenma Agho was given land and house no. 16/20 Dawson Lane, Benin City. He was also given a large rubber plantation at Ugbowo Village. After Ehimwenma's death, the property shared to him was inherited by his children.
It was her contention that in recognition of her loving and meritorious service to her father, he gave her two rooms in the house situate at 48 Dawson Ro…