OMON IDOGBO & ORS V. STANLEY AJAYI

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Edo State High Court sitting at Abudu, in Suit No. HSO/12/2008, between Mr. Stanley Ajayi (for and on behalf of the children of Chief Sunday Ajayi) and Omon Idogbo, Alekijo Idogbo and John Imevbore, delivered on the 17/4/2012, wherein judgment was entered in favour of the plaintiff in the following terms:

"In view of the foregoing, I hold that the plaintiff's claim succeeds. The Court grants reliefs 18(1) and (3) and N50,000 (fifty Thousand Naira) for damages for trespass."

The substance of the Respondent's case as plaintiff before the trial High Court (lower Court), is that he is the eldest surviving son of Chief Sunday Ajayi, while the defendants are natives of Uhunmora-Ora. That upon the death of his late grandfather Ajayi Ohimai, who built a house comprising two sitting rooms and 10 rooms, and the said house not having been shared according to the native law and custom in accordan…