DAVID EHIGIE OSEMWENKHA V. PETER OSEMWENKHA

GEORGE OLADEINDE SHOREMI J.C.A. (Delivering the Leading judgment): This is an appeal against the judgment of Edo State High Court holding in Benin, the judgment was delivered on 19th November, 2010. The claim of the Respondent leading to the judgment is as follows:

"The Plaintiffs claim against the Defendant is as formulated in Paragraph 22 of the Further Amended Statement of Claim filed on the 21st of October, 2005 which reads thus:-

a) A declaration that the Plaintiff stepped into his late father's shoes in accordance with Bini Native Law and Custom is entitled to inherit his late father's principal Mansion House otherwise known and called 'Igiogbe' lying and situate at No.24 (old No.5), Oregbeni Quarters, opposite former Nigerian Army Barracks, Oregbeni, Benin City (which Plaintiff's father inherited from his father, LATE PA OBAZEE OSEMWENKHA) to the exclusion of any other person.

(b) An Order compelling the Defendant to give up immediate possession and occupation of the aforesaid …