Umweni Vs Ena Umweni B/649/13 01/02/2022
Expert Defence Witness (Chf. Ero) gives away the defence by saying during a meeting to disown a Benin Child, that tradition stipulates that the Child most be invited and present to give his own defence.
Chf. Ero during cross examination claimed to be a believer in African tradition but took his oath with the Bible saying he believes in the two religions.
He further said he was a writer on African religion, but when asked about him writing a book on disowning of a child in Benin tradition, his answer was "No". He said he had made many Tv presentations but had forgotten the names of the TV stations and the dates the broadcast were made.
He was then asked whether it was the tradition to invite the child to the family meeting to answer in defence to the reasons the father has brought for wanting to disowning his son. In affirmative he shouted saying the child must be definitely invited to stand in defence of any allegation made by the father to the family.
These answers made the counsel to the claimant to finish his own cross examination.
Then came the counsel to the probate registry, Who simply asked whether the Expert defence Witness knew that this matter involved a will ....
Expert witness, Chf Ero answered that the African tradition does not need a will, he surely did not understand the question even after the counsel to the defence tried to explain it to him..
At this point the honourable judge had to ask the defence counsel to step down his witness.
This only shows the expert witness, Chf. Ero who is a traditional Chief (but not the Ero of Benin) came as a meddlesome interloper. He surely did not understand the case he was suppose to have used his so called expertise to give witness for... First of all saying he believed in the two religions is not acceptable in law. Secondly the claimant's counsel used his questions to show the court that the oath written by the expert witness was worthless in evidence.
The Matter was then adjourned to the 3/02/2022 then the 11th and 12th of April 2022.