SULEIMAN GALADIMA, JSC (Delivering the Leading Judgment): This case arose from what the Appellant as Plaintiff considered unfair treatment meted out to him by his late father (Pa Daniel Ediagbonya Uwaifo) in his will by which he shared his estate to his children but disinherited the Appellant thereby denying him his right to inherit his father's "IGIOGBE" as his first son. Late Daniel Ediagbonya Uwaifo lived and died on 2918185 in his house at No. 4 Ohuoba street, Benin city as a Bini man subject to Bini Customary Laws. In his life time he built another house in the same compound at No. 4 Ohuoba Street, Benin city and gave this No.2 out to tenants and personally collected rents. However in June 1975 these two houses were shared to other children which excluded the Appellant.
After the completion of his father's final burial ceremony, Appellant was informed for the first time that his father made a will which was later read at the Probate Registry of the Benin City High court. It now …