ONIYANGI JCA: (Delivering the Lead Judgment): In thisappeal, the appellant is challenging the decision of the Edo State High Court delivered on 10 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 the 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 members of their family (Eghobamien family) challenging the refusal of the appellant to share the intestate estate of their grandfather, Chief Eghobamien
Ogbomo Ogbeide-Oyo who died on 14 August 1959 and buried according to Benin native law and custom.
When the said Chief Eghobamien Ogbomo Ogbeide-Oyo died, the appellant’s father, Chief S.I. Eghobamien was the eldest son who was said to have taken ove…