UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The provenance of this appeal has its genealogy in the action commenced by the Appellant at the Oredo Area Customary Court, Benin City where the Appellant claimed the following reliefs against the Respondents:
(1) A declaration that the Plaintiff as the eldest surviving son of the late Pa Gabriel Iroro is entitled under Bini native law and custom to perform all the funeral rites and discharge all customary duties reposed on the first son (Omodion) during the burial ceremonies of the said late Gabriel E. Iroro and thereafter step into his shoes as the head of his immediate family and enjoy all the privileges attached thereto.
(2) A perpetual injunction restraining the defendants by themselves, their agents, servant or privies from carrying out or performing the burial ceremonies of the late Pa Gabriel E. Iroro or share, distribute or encumber the properties that make up the estate of the said late Pa Gabriel E. Iroro, wi…