May 15, 2025
Legalpedia Citation: (2013-04) Legalpedia (SC) 41611 In the Supreme Court of Nigeria Fri Apr 19, 2013 Suit Number: SC. 135/2004 CORAM IBRAHIM TANKO MUHAMMAD, JUSTICE, SUPREME COURT […]
CORAM
IBRAHIM TANKO MUHAMMAD, JUSTICE, SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH, JUSTICE, SUPREME COURT
IBRAHIM TANKO MUHAMMAD, JUSTICE, SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH, JUSTICE, SUPREME COURT
IBRAHIM TANKO MUHAMMAD, JUSTICE, SUPREME COURT
IBRAHIM TANKO MUHAMMAD, JUSTICE, SUPREME COURT
IBRAHIM TANKO MUHAMMAD, JUSTICE, SUPREME COURT
IBRAHIM TANKO MUHAMMAD, JUSTICE, SUPREME COURT
IBRAHIM TANKO MUHAMMAD, JUSTICE, SUPREME COURT
IBRAHIM TANKO MUHAMMAD, JUSTICE, SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH, JUSTICE, SUPREME COURT
IBRAHIM TANKO MUHAMMAD, JUSTICE, SUPREME COURT
IBRAHIM TANKO MUHAMMAD, JUSTICE, SUPREME COURT
IBRAHIM TANKO MUHAMMAD, JUSTICE, SUPREME COURT
PARTIES
EDWARD OMORODION UWAIFO APPELLANTS
STANLEY UYINMWEN UWAIFO
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant/ plaintiff in this case the eldest surviving son of the testator was dis- inherited by his father through the bequest of the ‘igiogbe’ (the house the deceased lived in) to his other surviving children. Aggrieved by this the appellant/ plaintiff brought an action in the high court for a declaration on his right to the ‘igiogbe’ and a declaration that the will was void as a resultant effect. His claims were partially granted but the will was not declared void and his claim for the declaration on his ownership of the adjoining vacant land failed. Consequently he brought an action on the court of appeal praying for the recognition of his ownership of the vacant land but his appeal was dismissed. Still aggrieved he appealed to the Supreme Court.
HELD
Appeal dismissed.
ISSUES
1. Whether the Court of Appeal was right in affirming the Judgment of the trial High Court to the effect that vacant land under Benin Customary Law cannot constitute Igiogbe and thereby failed to follow its earlier decision in?
RATIONES DECIDENDI
BINI NATIVE LAW – SCOPE OF THE BINI NATIVE LAW
In Bini Native Law and Custom, an Igiogbe is a custom of a general application and it is judicially noticed as such. Per SULEIMAN GALADIMA. JSC
CASES CITED
EGHAREVBA V. OKUNGHAE (2001) 11 NWLR (Pt. 724) 318; Lawal- Osula V Lawal – Osula (1995) 9 NWLR (Pt. 544) 20, AGIDIGBI V. AGIDIGBI (1996) 6 NWLR (Pt. 454) 30 IMADE V. OTABOR (1998) 4 NWLR (Pt. 544) 20.
STATUTES REFERRED TO
NONE