LAMIDI ADEGOKE & ANOR V. SABALEMOTU SANNI ADESINA

AKINTAN, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment of Edo State Customary Court of Appeal, sitting in Benin delivered on 26th September, 1995 in suit No. CCA/8A/95. The case started at Oredo Area Customary Court where the action was filed. It was, however, transferred to the Ovia South-West Area Customary Court, Iguobazuwa where the trial eventually took place. The present respondent was the plaintiff while the present appellants were the defendants. The plaintiff's claim against the defendants was for possession of the house at No. 40 Lagos Street, Benin city; an account for all monies collected as rent in respect of the house; and that the 2nd defendant (now 2nd appellant) should vacate the rooms he was wrongfully occupying in the house.

The plaintiff's case at the trial was that the said house at No.40 Lagos Street, Benin city belonged to his late father, Sanni Adesina who died intestate in 1933. His said father had two houses in all; the one now…