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UWAIFO
V.
UWAIFO & ORS.

(2004) JELR 45062 (CA)    

Court of Appeal  ·  CA/B/264/2001 ·  29 Jan 2004 ·  Nigeria
 · 
Other Citations
Uwaifo v. Uwaifo (2005) 3 NWLR (Pt.913)479
CORAM
KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
igiogbe
ohuoba street
learned trial judge
house
benin city
supreme court
idehen v
respondent
native law
11th respondents
1st-9th
10th respondent
court of appeal rules
edo state
grounds of appeal
second house
weight of evidence
civil cases
customary law of inheritance
high court
notice of appeal
eldest son of the deceased
house no.4
part of the igiogbe
respondent's brief
said grounds
said will
will law
11th defendants
appellant raises
bini customary law of inheritance
chief judge
customary law of succession
daniel ediagbonya uwaifo of the vacant land
eldest surviving son of the igiogbe
entire brief
extent of the devise of house no.
fact of its existence
first born son
following arguments
following terms
henry n. e. uwaifo
houses no.
leading judgment
learned trial judge's evaluation
purported ground of appeal
will of his late father
will of the deceased dated 26th june

AUGIE, JCA (Delivering the Leading Judgment): The appellant's claim against the respondent at the High Court, Benin City, wherein he was the plaintiff, was for a declaration, among others, that the Will of his late father is invalid, null and void and of no effect whatsoever because it failed to comply with the Bini customary law of succession and section 3(1) of the Will Law, Cap. 172, and that any purported bequeath under the said Will is contrary to Bini native law and custom and is therefore null and void.

Pleadings were duly exchanged. The appellant testified for himself at the trial and called three other witnesses; the 1st-9th and 11th defendants/respondents, called two witnesses, while the 10th respondent testified himself. In her judgment, the learned trial Judge, Hon. Justice C.A.R. Momoh, Chief Judge, Edo State, granted some of the reliefs sought in the following terms:-

"The plaintiff is entitled to the orders sought in paragraph 17(a), (b) and (c) of the amended statemen…

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