AGNES IDOGHOR JOHN IDOGHOR GODWIN IDOGHOR MICHAEL IDOGHOR V. MOSES IDOGHOR OSAZUWA IYAMU

LOKULO-SODIPE JCA (Delivering the Lead Judgment): This appeal is against the judgment delivered on 25 September 1987, by the High Court of Bendel (now Edo) State, holden in Benin City (hereafter simply referred to as “the lower court”), presided over by Hon. Justice (Prince) D. I. Akenzua (hereafter simply referred as “the learned trial judge”).

The case was tried before the lower court on pleadings filed and exchanged by the parties. The case of the appellants as set up in their pleading (i.e. statement of claim) briefly, is that they and the 1st respondent collectively or jointly purchased a piece of land for the sum of N1,000.00 (one thousand naira) but that the purchase was done in the name of the 1st respondent. The piece of land was said to have been purchased from one Egharevba; and that an approved application over the land by the Oba of Benin was given or issued in the name of the 1st respondent. Also, that the building plan of the house that was erected on the land, was in…