Customary Law (36)
HELD:
"The real foundation of the misbehaviour which involves forfeiture is the challenge to the overlord's rights.
HELD:
"The Appellants were required to establish by proving that the selection of the 3rd Respondent was not done in accordance with the tradition and custom of the area constituting Dong District.
HELD:
"There was evidence by the Respondent's witnesses that knocked out the claims of the Respondent, that Appellant's forebears were migrants and customary tenants of Respondents forbears, particularly from PW5.
HELD:
"Unless otherwise excluded, the main feature of a customary tenancy is the payment of tribute to the overlord and such tribute is paid directly to the overlord, not through a third party; Dashi v. Satlong (2009) LPELR-929(SC), (2009) 1-2 S.C. 5; (2009) 5 NWLR (Pt. 1134) 281.
HELD:
"Of course, the Benin Igiogbe appears to be equivalent to the Igbo's Isiobi, referred in this case, and Section 3(1) of the Wills Law Bendel State is the same as Section 3(1) of the Will Edict of Imo State 1994.
HELD:
"...It can also be stated, in my opinion, that what constitutes the Isiobi, can only be determined at the death of one's father, being the house and/or compound he lived and died.
HELD:
"What also comes out, as effect of that admission, is the fact that Appellant cannot, validly, raise any issue again about the said nuncupative (oral) WILL of his father, to dispute its existence (in its oral form) as oral testament, or to contest the contents, as to the rightness or otherwise of the devises, made in the WILL, by the father.