Customer Support

UWAIFO
V.
UWAIFO & ORS.

(2004) JELR 45062 (CA)

Court of Appeal 29 Jan 2004 Nigeria
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:CA/B/264/2001
Judges: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
Counsel:O. G. Izevbuwa, Esq. (with him, E. A. Uwaifo [Mrs.]) For Appellant O. Uzamere, Esq. (with him, H. O. Omme [Miss])G. O. Imadebelo [Mrs.] For Respondent
Other Citations:Uwaifo v. Uwaifo (2005) 3 NWLR (Pt.913)479

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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.