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EDWARD OMORODION UWAIFO V. STANLEY UYIMWEN UWAIFO & ORS.

(2004) JELR 45062 (CA)

Court of Appeal  •  CA/B/264/2001  •  29 Jan 2004  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; AMINA ADAMU AUGIE JCA; NWALI SYLVESTER NGWUTA JCA;

Judgement

AUGIE, JCA (Delivering the Leading Judgment): The appellant's claim against the respondent at the High Court, Benin City, wherein he was the plaintiff, was for a declaration, among others, that the Will of his late father is invalid, null and void and of no effect whatsoever because it failed to comply with the Bini customary law of succession and section 3(1) of the Will Law, Cap. 172, and that any purported bequeath under the said Will is contrary to Bini native law and custom and is therefore null and void.

Pleadings were duly exchanged. The appellant testified for himself at the trial and called three other witnesses; the 1st-9th and 11th defendants/respondents, called two witnesses, while the 10th respondent testified himself. In her judgment, the learned trial Judge, Hon. Justice C.A.R. Momoh, Chief Judge, Edo State, granted some of the reliefs sought in the following terms:-

"The plaintiff is entitled to the orders sought in paragraph 17(a), (b) and (c) of the amended statemen…

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