JOSEPH EYO EKANEM, J.C.A. (Delivering The Leading Judgment): This appeal is against the judgment of High Court of Edo State, holden at Benin City, delivered on 20/12/2012 in Suit No. B/85/2009 by E. IKPONMWONBA, J. In the judgment, the trial Court found the case of the appellant not proved and that the action is statute-barred. It accordingly dismissed the same.
Aggrieved by the decision, the appellant lodged an appeal against the same by the means of a notice of appeal filed on 3/1/2013 which incorporates four grounds of appeal.
The facts of the case leading to the appeal are that it is common ground that the house in dispute in this matter, No. 31 Sokponba Road, Benin City, was owned by the late Pa. Enehizena Agbonghae. He died intestate on 22/6/1964. It is also common ground that the deceased married Madam Airienbuwa Enehizena. It is the case of the appellant that the said Madam Airienbuwa bore only three children for the deceased, namely: Mrs. Iyayi Ikhure, (appellant's mother), Mrs…