BEFORE THEIR LORDSHIPS
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT
DRIS EGBO KUTIG JUSTICE, SUPREME COURT
OBIOMA OGWUEGBU JUSTICE, SUPREME COURT
UTHMAN MOHHAMED JUSTICE, SUPREME COURT
ANTHONY IKECHUKWU JUSTICE, SUPREME COURT
BETWEEN
1. JACOB OVENSERI (Alias Jacob Idada Osagiede) APPELLANTS
2. S.O. OHANMU
AND
1. OJO OSAGIEDE RESPONDENTS
2. REUBEN IDADA OSAGIEDE
……………………A…………………….
S.M.A. BELGORE, JSC. (Delivering the Leading Judgment):
JUDGEMENT
The first plaintiff, Ojo Osagiede, is the Okaegbe (head of family) of Osagiede family of Uselu Quarters, Benin and he was the senior brother of late Joel Idada Osagiede, the father of the second plaintiff, Reuben Idada Osagiede. The first defendant Jacob Ovenseri, alias Jacob Idada Osagiede, claimed he was the eldest child of the late Joel Idada Osagiede and senior brother of the second plaintiff (both being of the same mother) but the second plaintiff claimed he (the first defendant had a different father in that his mother (first witness for the plaintiff) carried his pregnancy to the late Joel Idadas house on marriage as a result of post nuptial clandestine sexual intercourse with a soldier from Ondo. The matter in dispute is as contained in the statement of claim in paragraph 15 thereof, reading as follows:
(a) A declaration that the house, land, premises situate at or being generally known or referred to as No. 7, Benin/Ifon road, Uselu Quarters, Benin City particulars delineated in pink on plan No. MG 252/75 is the family property of Joel Idada Osagiede family, Benin City until the second burial ceremony of late Joel Idada Osagiede and subsequent distribution of the estate of the latter are performed in accordance with Bini customary law and that the sale or purported sale of the said property by the 1st defendant to the 2nd defendant is completely void and of no effect.
(b) An order of court setting aside the said sale or purported sale of the said property by the 1st defendant to the 2nd defendant, or in the alternative declaring the sale of the said landed property as null and void.
(c) A perpetual injunction restraining the defendants, their servants, agents and privies from entering and/or in any way intermeddling with the said property many any manner inconsistent with the interests of the plaintiffs.
