EMMANUEL ENADEGHE V. INNOCENT EWEKA

OGUNWUMIJU JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of Honourable Justice E.F Ikponmwen of the Edo State High Court of Justice sitting at Benin City, delivered on 15 January 2004, wherein the learned trial judge dismissed the appellant’s claim and entered judgment in favour of the claims contained in the respondent’s counterclaim, as they were found to be meritorious. The facts which led to this appeal are as follows:

“The subject matter at the trial court is the ownership of the land situate at No. 147, Ekenwan Road, Ogieka Quarters, Benin City. The respondent is a son of Late Prince George Eweka, who was the acknowledged owner by both parties of the land and allegedly granted same to the respondent as a traditional gift inter vivos . The appellant on the other hand claimed the land in dispute was an outright customary sale to him by the same Late Prince George Eweka in 1976”.

The appellant commenced the action by issuing a writ of summons file…