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MR. OMOROGIEVA OMOKARO MONDAY OMOKARO AGHAMIOGHOGHO OMOKARO MRS. ERUNMWUNOSERE OMOKARO FLORENCE OSARUGUE OMOKARO OSAMUDIAMEN OMOKARO V. MR. NOSAKHARE OMOKARO MRS. ONAIWU OMOKARO MR. DONALD OMOKARO AISAGBOVBUOM WAN OMOKARO MRS. OMOROWA OBARISIAGBON (NEE OMOKARO) MRS. CHRISTYADAMS

(2015) JELR 53232 (CA)

Court of Appeal  •  CA/B/214/2009  •  30 Dec 2015  •  Nigeria

Coram
PHILOMENA MBUA EKPE JCA (Presided ) HAMMA AKAWU BARKA JCA MUDASHIRU NASIRU ONIYANGI JCA ( Read the Lead Judgment)

Judgement

ONIYANGI JCA (Delivering the Lead Judgment): Pa LawrenceOmokaro lived, died and was buried at No. 4, Omokaro Street, off Upper Mission Road, Benin City. Consequent upon his death on 13 August 1999, and after burial, the first respondent who is the eldest son of the deceased, sought to inherit the house where his father lived, which is situate and lying at the foregoing given address known and called by the Benin custom as “Igiogbe”. After he had performed all the burial rights as prescribed by the Benin custom that is, the “Isoton” and the “Ukowa” ceremonies, his desire met a brick wall when his siblings and widow of the deceased said the “Igiogbe” of the deceased is not the house and premises described as No. 4, Omokaro Street, off Upper Mission Road, Benin City, but at Emuhu A villageas stipulated in thepurported Will of the deceased dated 19 September 1999, read on 19 October 1999. It is pertinent to note that all the appellants and the 1st respondent are children of the deceased…

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