AMOS V. IRABOR & ORS

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 31st March, 2013 by Honourable Justice H. A. COURAGE OGBEBOR of the Edo State High Court sitting in Benin. The Plaintiffs/Respondent filed a claim at the lower Court for:

1. A DECLRATION that the Plaintiffs and the 2nd Defendant are the persons entitled to statutory certificate of occupancy in respect of No. 123 and 127, Ikpoba Slope, Benin City.

2. A Declaration that the purported sale of the properties known as No. 123 and 127, Ikoba Slope, Benin City to which the Plaintiffs are entitled by inheritance, by the 2nd Defendant to the 1st is void, unlawful and of no effect in that it is without authority of the beneficiaries of the estate of Isoken O. Irabor —deceased and contrary to the Benin native law and custom and the Land Use Act 1978

3. An order that the defendant renders account of all rents collected from the properties since the 2nd defendant trickishly to…