PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of the High Court of Edo State sitting at Benin City delivered on the 10th day of May, 2001, wherein His Lordship entered judgment for the 1st Respondent as the Plaintiff.
FACTS OF THE CASE
The Appellant Mr. Jim Uwadiae and the 1st and 2nd Respondents are children of the late Uwadiae Idehen who died on the 19th day of July 1989. The said Uwadiae Idehen by his last will dated the 4th day of March, 1989 distributed his properties among his children.
The story line of the Appellant is that their father by the aforesaid will gave his main house (The Igiogbe) which is No. 38 Mission Road Benin City where he lived, died and was buried to the 1st Respondent. The Appellants father purportedly devised his second building of the same address, No. 38 Mission Road, Benin City to the Appellant and his siblings. That in addition the said Uwadiae Idehen (the deceased) also devised to the Appellant one…