TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Edo State High Court of Justice, Holden at Benin City, in Suit No. B/325/1999, delivered on 20th December, 2006.
The 1st respondent was the plaintiff at the Court below, where he claimed that being a Benin man and the eldest son of his father, the late Osemwingie Ehigiator, he was entitled to inherit the property of his deceased father above-mentioned, situate and lying at No. 92, Akpakpava Street, Benin City where his father lived, died and was buried, as his IGIOGBE. However, his father executed a WILL wherein, the said property was given to some of his sons such as the 3rd, 4th and 5th appellants, to the exclusion of the 1st respondent. Hence he claimed the following reliefs, namely:
"(a) A declaration that the Igiogbe consists of the two (2) houses known and called No. 92, Akpakpava Street, Benin City the frontal building which his late father inherited as an Igiogbe from Plaint…