(2017) JELR 50978 (CA)    

Court of Appeal  ·  CA/B/456/13 ·  5 Jun 2017 ·  Nigeria
Core Terms Beta
1st respondent
native law
1st defendant
3rd respondent
delta state
learned trial judge
contents of exhibit
okaigbe nokhua of the family
urhobo college
appellant’s case
lead judgment
members of the family
benin city
chidi nwaoma uwa jca
evidence of the dw1
late father’s estate
lower court
3rd respondents
appellant’s counsel
appellant’s second issue
claim of the respondents
deceased father
documents of his late father
effurun warri
elder brother
eldest son
eldest son of his late father
entire property
evidence act
family of a deceased bini manis
judgment of the high court of edo state
judgment of the trial court
late father’s final burial rites
late father’s igiogbe vest
okaigbe sunday ogbebo
o. o. obayuwana esq
oral evidence
oral evidence of the dw1
oral testimony of the dw1
printed records of appeal
second issue
share of her late father
suit no. b
uwa jca
virtue of same sharing of the family
virtue of the family sharing of the property

UWA JCA: (Delivering the Lead Judgment): The appeal is against the judgment of the High Court of Edo State delivered on 25 July 2013 dismissing the appellant’s case, challenging the sharing by the 1st respondent, his late father’s estate on the ground that same was contrary to Benin native law and custom and granting the reliefs sought by the 3rd respondent in her counterclaim upholding the sharing as contained in exhibit ‘B’.

The background facts are that, the appellant as plaintiff by a writ of summons taken out in the lower court, claimed against the defendants (now respondents) jointly and severally as follows: 1. A declaration that the 1st defendant is not competent howsoever, to preside over or participate in the sharing according to Bini native law and custom of the estate of the late Mr. Ogbemudia Okhuorobo Ogbebor, who died intestate on 14 February 1984 and the purported sharing is null and void. A declaration that the entire property at No. 19, Canaan Street, Off Textile Mill…

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