MUDASHIRU NASIRU ONIYANGI, J.C.A.(Delivering the Leading Judgment): The appeal stem from the decision of the High Court of Justice, Edo State, Benin Judicial Division, holding at Auchi, delivered on the 16th day of June 2010 in Suit No. B/525/2004 wherein the Respondents as Plaintiffs claimed against the Appellants as defendants.
At paragraph 33 of the statement of claim, the Respondents as plaintiffs before the trial Court sought for the following reliefs (see pages 6-7 of the record of appeal).
WHEREFORE the plaintiffs claimed against the defendants as follows:
(1) A declaration that given the fact that the late Pa John Orhue Agbonrobosa Uwagie Ero never accepted the 2nd defendant as a child but consistently throughout his life time denied paternity, the 1st, 3rd, 4th and 5th defendants cannot under Bini Native Law and Custom impose the 2nd defendant as the 1st son and head of the late Pa John Orhue Agbonrobosa Uwagie Eros branch of the Ero family.
(2) A declaration that considering tha…