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…