CHIEF JOHN OSAMEDE ADUN V. OSAHON NATHANIEL OBAYUWANA (BENEFICIARY UNDER THE WILL OF LATE PA. SAMSON EWANSIHA OBAYUWANA) MADAM OMOYEMWEN SUBERU FELIX IGBINOGHENE (EXECUTRIX AND EXECUTOR RESPECTIVELY OF THE ESTATE OF LATE PA. SAMSON OBAYUWANA)

BARKA JCA (Delivering the Lead Judgment): This appeal is a challenge to the judgment of the Edo State High Court sitting in Benin City, delivered on 28 September 2009. In the said judgment, the appellant as the defendant at the trial court, had judgment entered against him.

Aggrieved with the judgment of the lower court, the appellant filed a notice of appeal dated 8 October 2009, containing the omnibus ground.

The extant notice of appeal is the amended notice of appeal filed on 30

April 2012, with leave granted on 24April 2012, containing six grounds of appeal. The grounds devoid of their particulars are as follows:

“ Ground 1 The judgment is against the weight of evidence.

Ground 2 The lower court misdirected itself in law when he stated as follows: “From the evidence before me, I am satisfied that the property in dispute was a detached modern house consisting of a room and a parlour with modern amenities such as kitchen and toilet.

Ground 3 The trial court erred in law and occa…