<p><strong> BA’ABA, JCA, (Delivering the Lead Judgment): </strong> This is an appeal against the judgment of Edokpayi, J., of the Edo State High Court, sitting in Benin City, delivered on 28/8/95. The appellants, who were the plaintiffs before the trial court, initiated the action by a writ of summons dated 27/11/87 against the respondents, who were the defendants. The appellants’ claims as per paragraph 45 of their amended statement of claim are as follows:</p><p> “45. <em> Wherefore </em> plaintiffs claim as follows:</p><p>1. A declaration that under Bini Customary Law, the Enogie of Obagie Traditional Chieftaincy title is vested exclusively in the plaintiffs’ branch of the Oba Eweka II Dynasty of Benin and that succession thereto is strictly hereditary by primogeniture in the male line only; </p><p>2. A declaration that the 1st plaintiff as the eldest son and heir of late Prince Uwaifiokun Eweka, and not the 1st defendant is the person who is entitled under Bini Customary Law to succeed him, perform, or continue or conclude the pe…</p>