HELEN MORONKEJI OGUNWUMIJU, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice P.I. Imoedemhe of the Edo State High Court, sitting at Benin City, delivered on Tuesday, the 21st day of April, 2009.
The facts that led to this appeal are as follows:
The Appellant (as Plaintiff in the trial court) filed this suit claiming the following reliefs, as contained in paragraph 12 of the statement of claim on Pg. 7 of the record.
"12. WHEREOF the plaintiff claims as follows:
(a) A declaration that in accordance with Bini Customary Law of succession, the plaintiff as the eldest surviving son of the deceased succeeds exclusively at all events to the houses and premises known as No. Ajibola-Aluko Street, off Okota Road, Isolo, Lagos, Lagos State, Nigeria the house/premises where the deceased lived and died which was his last place of abode otherwise, known as Igiogbe.
(b) A declaration to set aside clauses B, C, D, E and (i) of the WILL dated 29/8…