The court of appeal sitting in Benin City has declared house No. 102 Lagos street, Benin City, as the Igiogbe of the late Mr. Alfred Omoregie Odiase.

Delivering judgment in the matter filed before the court in the year 2002, the lead Judge, Hon. Justice Helen Moronkeji Ogunwumiju, held that the house belongs to the 1st Respondent, Mr. Henry Omoregie, being the eldest surviving son of his late father, Mr. Alfred Omoregie Odiase who died on 11th August 1993 in Benin City.

The court, declared that the semi detached building also belongs to the 1st Respondent without any encumbrances, emphasizing that any bequest of shops etc, to any other beneficiary made by the late man via a WILL was void.

Hon. Justice Ogunwumiju, however, declared that all the bequests in respect of the separate house No. 102B, Lagos street, Benin City, is not part of the Igiogbe being a separate house on the land is valid.

It was further held by the court that the 1st Respondent is not entitled to any other part of the houses, land or shops at No. 41B, now 81B New Lagos road, Benin City.

The court noted that the claim at the trial court and the counter claim indicates that both parties agreed that the Igiogbe is the ancestral home of the deceased at 102 Lagos street.

Making recourse to a Supreme Court judgment, Hon. Justice Ogunwumiju held “under Benin Native Law and Custom, Igiogbe means a principal house where a deceased Benin Man lived and died; the right to inherit and possess such property vested only in the eldest son. The tradition takes precedent over and above the wishes of a deceased father no matter how strong he feels against his son as the prospective heir . It is a right vested in the eldest son and cannot be divested by means of disinheritance.”

The Appellants in the case are; Mr. Omoregie Asaolu, Anthony Edosomwan, Ikponmwosa Odiase, Mrs. Orobosa Atu (Nee Omoregie), Mrs osayomore (Nee Omoregie), Gumwendia Omoregie, mrs Eghianruwa Osagiede (Nee Omoregie) Etinosa Omoregie and Oghogho Omoregie.