“RESTRICTION ON RIGHTS OF PERSONS UNDER THE AGE OF 21” (Land Use act CAD 202 L.F.N. 1978 Part 11 No. 7 last Updated 2009 June 24)
It shall not be lawful for the Governor to grant a statutory right of occupancy or consent to the assignment or sub letting of a statutory right of occupancy to a person under the age of 21 years: Any transaction or any instrument which purports to confer on or vest in any person any interest or right over land other than in accordance with the provisions of this Act shall be null and void.
Really if 10A and 10B Isiruhe street were sold in 1988 how come these same properties were under court litigation between 10/04/1989 to 10/06/1995 in the suit; Samuel Enadeghe UMWENI Vs 5 others (B/115/89) with a quit notice caused by the plaintiff to the 5th defendant on the 10/10/88 (Exhibit B) and admitted a deed of conveyance for #10 Isehure street, Benin city (Exhibit A) p.7, The Oba’s approval and deed of conveyance obtained by the plaintiff in respect of the Igiogbe is a mere surplus measure to mark out his inheritance which is his right under the Benin customary law. That Oba’s approval and the deed therefore will not and are not set aside. (Exhibit A) p.23… Also with surveyed documents as exhibits of inherited farmlands made on 02/05/1992 (Exhibit C) p.8. Finally a judgment given in favour of the plaintiff (the testator not Mr. Ena-Umweni) Dated 10/06/1995.
Evidence of various act of possession of the testator exhibited after the date of purported sale where he dealt with the property as his own before his death abound:
In the testator’s will 6.1… I GIVE to my wife MABEL ATOTIKOLO, our matrimonial bed, my personal Saloon cars and all kitchen implements including the Deep freezer, Refrigerator, Cooker…., she shall decide which of the two apartments (Main House or Aso Rock) She wants to live in. But should she die before me, Ena then takes full control. MEANING that the Ena not having full control of the property.
In Asemota's case (supra) Oba Akenzua II under cross-examination answered thus...”if a man shares his properties before his death, the family could reverse it on his death." the Benin traditional council handbook, Appendix A, p.15..This reference is acknowledged by the 3rd Defendant Solomon Eghobamien Esq. in his book (Igiogbe and miscellany published in 2009) p.76 Chapter 6 Cases on igiogbe.
..Shows the defendant claiming the testator was not of disposing mind and memory in making the will.
But in an earlier defendant counter affidavit to a motion on notice dated 4/4/12 and filed 5/4/12 in the suit B/188/12 (paragraph 25) ‘‘That late Engr. Samuel Enadeghe UMWENI has no Igiogbe as my father has transferred No. 16, Oba Adolor Crescent to Enawederhu in 1988 and l0a and 10b Isiruhe street to Itohan and Osamudiamen''. Is contradicting and shows a guise in the transfer.