Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OGBE & ANOR
V.
ARUMEMI-IKHIDE & ANOR

(2021) JELR 108846 (CA)    

Court of Appeal  ·  CA/B/244/2009 ·  26 Mar 2021 ·  Nigeria
CORAM
Oyebisi Folayemi Omoleye JCA Biobele Abraham Georgewill JCA Frederick Oziakpono Oho JCA

Ratio Decidendi

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of the High Court of Edo State, Benin Judicial Division (hereinafter referred to as: “the Court below”) Coram: COURAGE OGBEBOR, J., delivered on the 12th day of November, 2007 dismissing the suit of the Appellants in its entirety. The Respondents herein were defendants at the Edo State High Court sitting in Benin City while the Appellants were the Claimants at the Court below. The Claimants by their action at the High Court contested that the property situate, lying and being at No. 7, Delta Crescent formally Plot A40, G.R.A, Benin-City is the property of the 1st Appellant by inheritance pursuant to Exhibit “P2” the will written by his late father.

The Respondents as defendants held the position that by virtue of Exhibit “01” (Terms of Settlement), Exhibit 04 (Consent Judgment), Exhibit “D6” (Deed of Assignment Executed between the Defendants and Mrs. Felicia Egbmaje Ogbe (DW1) who is…

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