EDOSA & ANOR v. OGIEMWANRE

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): The respondent herein was the plaintiff in a suit she instituted before the High Court of Edo State sitting in the Benin Judicial Division on 3/6/2003 against the 2nd appellant, her brother of full blood and one Goddy Edosa, the 1st appellant, as defendants. It was her contention that during his lifetime, precisely two years before his death in 1947, her father, Omwenke Agho, divided his property, which consisted of houses, undeveloped land as well as farmlands, between his children, male and female. According to her, the eldest son, Mr. Ehirnwenma Agho was given land and house no. 16/20 Dawson Lane, Benin City. He was also given a large rubber plantation at Ugbowo Village. After Ehimwenma’s death, the property shared to him was inherited by his children.

It was her contention that in recognition of her loving and meritorious service to her father, he gave her two rooms in the house situate at 48 Dawson Road, Benin City in addition to a piece of land on one side of the house. She claimed that this was done in the presence of witnesses, some still living and some now deceased. Her older brother, the 2nd appellant, was given two rooms and a parlour within the same house. Their mother lived in the two rooms shared to her during her lifetime. Upon her demise, the rooms were occupied by two relations until they left to get married. It was the respondent’s contention that after they left, her brother (2nd appellant) pleaded to be allowed to use the two rooms because the two rooms and a parlour shared to him could not accommodate his family. She agreed. She also gave the vacant land to a carpenter who built a workshop on it and was paying her rent. She also rented part of it to someone who operated a car wash thereon. She lived in Ibadan with her husband for many years. She discovered at a stage that the 2nd appellant was laying claim to the property. She instructed her lawyer to write to him to quit. Soon afterwards she discovered that he had sold the property to the 1st appellant and absconded. She therefore instituted an action at the trial Court seeking the following reliefs by her Further Amended Statement of Claim dated 23/9/2005: