HELEN MORONKEJI OGUNWUMIJU, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice J. O. Omorodion dated 14th March, 2005 delivered at the High Court Benin. The learned trial Judge had dismissed the Plaintiffs claim and also dismissed the Defendants' counter-claim, hence this appeal.
The Appellant herein was the Plaintiff at the lower court. The facts that led to this appeal are as follows:-
Late Pa Saliu Agharna Giwa Osagie, the eldest surviving son of late Mr. Yesufu Giwa-Osagie inherited the main house at No. 6 Ugbague Street, Benin City from his father, a Moslem, the 1st Mogaji of Benin Kingdom under the benin Native Law on the 22nd day of October, 1943 vide Exhibit "D". The entire main house and appurtenances was known and called No. 6, Ugbague Street, Benin City. Late Pa Saliu Aghama Giwa Osagie later in his life time developed two bungalows known as No. 6A and 6B Ugbague Street, Benin City within the premises known and called No. 6 Ugbagu…