CHIEF (SIR) ALFRED OGHOGHO EGHOBAMIEN SAN, FCIS, FCIA, ARB. V. SOLOMON I. EGHOBAMIEN ESQ.

MUDASHIRU NASIRU ONIYANGI, J.C.A. (Delivering the Leading Judgment): In this appeal, the appellant is challenging the decision of the Edo State High Court delivered on the 10th day of December, 2011 by Honourable Justice R.I. Amaize in an action by the Appellant founded upon tort of defamation predicated on an alleged libel by the Respondent.

The fact of the case briefly as may be garnered from the processes filed by parties is that in Suit No. B/110/09 between SAMUEL EGHOBAMIEN and 4 ORS. V. ALFRED EGHOBAMIEN and 3 ORS. Wherein the Appellant and three others, the Respondent in this appeal inclusive were sued by some member of their family (Eghobamien family) challenging the refusal of the Appellant to share the intestate estate of their grand father, Chief Eghobamien Ogbomo Ogbeide-Oyo who died on 14th August, 1959 and buried according to Benin Native Law and Custom.

When the said Chief Eghobamien Ogbomo Ogbeide-Oyo died, the Appellants father, Chief S.I. Eghobamien was the eldest son …