(1998) JELR 45698 (SC)    

Supreme Court  ·  SC.277/1991 ·  17 Jul 1998 ·  Nigeria
Other Citations
Ovenseri v. Osagiede (1998) 11 NWLR (Pt.572)1 (1998) 7 S.C (Pt II) 85
Ovenseri v, Osagiede (1998) 11 NWLR (Pt. 572) 1
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
first plaintiff
learned trial judge
court of appeal
second plaintiff
common interest
representative capacity
1st defendant
benin city
customary law
trial court
court of appeal act
court of appeal rules
effect of my judgment
first defendant
order of dismissal
proper order
sale of the said property
decision of the trial court
interests of the plaintiffs
justices of the appeal court
justices of the court of appeal
leading judgment
ojo osagiede
order of court
said sale
subsequent distribution of the estate
benin city particulars
decision of the court of appeal
decision of the learned trial judge
error of law
father of the second plaintiff
first appellant
first defendant jacob ovenseri
following facts
following issues
head of family
issue of competency
osagiede family of uselu quarters
reuben idada osagiede
senior brother of the second plaintiff
similar claim
statement of claim
subject matter
such orders
trial court ought
trial judge

BELGORE, J.S.C. (Delivering the Leading Judgment): The first plaintiff, Ojo Osagiede, is the "Okaegbe" (head of family) of Osagiede family of Uselu Quarters, Benin and he was the senior brother of late Joel Idada Osagiede. the father of the second plaintiff, Reuben Idada Osagiede. The first defendant Jacob Ovenseri, alias Jacob Idada Osagiede, claimed he was the eldest child of the late Joel Idada Osagiede and senior brother of the second plaintiff(both being of the same mother) but the second plaintiff claimed he (the first defendant had a different father in that his mother (first witness for the plaintiff) carried his pregnancy to the late Joel Idada's house on marriage as a result of post nuptial clandestine sexual intercourse with a soldier from Ondo. The matter in dispute is as contained in the statement of claim in paragraph 15 thereof, reading as follows:

"(a) A declaration that the house, land, premises situate at or being generally known or referred to as No.7, Benin/Ifon r…

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