Chief O. Oronsaye V. Chief Alfred Osula & Anor (1976)

LawGlobal-Hub Lead Judgment Report

MADARIKAN, JSC.

In Suit No. B/73/70 in the High Court, Benin, the plaintiff/appellant endorsed his writ as follows: – “The plaintiff’s claim against the defendants is as follows:-

1. For a declaration of title to the property situate, lying, being and known as No. 33, Yakubu Gowon Street, (Mission Road), Benin City. The said parcel of land was property of the plaintiff’s father, Chief Oronsaye (deceased) late Eholor of Isi, who pledged same to Chief Ekhaguere (deceased) late Osula of Benin ancestor of the 1st and 2nd defendants for a loan of £100 (one hundred pounds).

2. For an order of this Honourable Court for the plaintiff to redeem the said property on payment of the said loan of £100 to the first defendant.

3. For possession of the said property, which lies within the Benin Judicial Division is about £10.”

Pleadings were ordered and they were duly filed and delivered. In paragraphs 1, 2, 3, 4, 5, 6, 7, 10 and 19 of the plaintiff’s amended sttaement of claim, he averred that: –

“1. The plaintiff is a retired Public Servant and the present Eholor of Isi. His Benin City address is 30, New Lagos Road, New Benin, Benin City.

2. The plaintiff is the eldest son of Chief Oronsaye Eguabor the late Eholor of Isi, his immediate predecessor in title.

3. The plaintiff and the defendants are cousins.

4. The 1st defendant is the present Chief Osula of Benin and is resident at 33, Lagos Street, Benin City.

5. The 1st defendant is the eldest son of Chief H. I. Osula his immediate predecessor in title. The said Chief H. I. Osula was the eldest son of late Chief Ekhaguere, Osula of Benin.

6. The 2nd defendant is the eldest son of late Gabriel Edobor Osula. Late Gabriel Edobor Osula was the 5th son of late Chif Ekhaguere.

7. The 2nd defendant is a Manager in a reputable company and is at present resident at No. 33, Yakubu Gowon Street (Mission Road), Benin City.

10. About 1913, the plaintiff’s father, late Chief Oronsaye Eguabor built the house now know as No. 33, Yakubu Gowon Street, Benin City. 19