Issues For Determination..
1. Whether the claimant is the first male child of the testator.
2. Whether as first son of the testator, the claimant is entitled to inherit the testator's Igiogbe under the Benin Native law and custom.
3. Whether the purported sale and transfer by way of will of the Igiogbe to the 1st and 6th defendant is a deliberate attempt to deprive the claimant of his right to inherit under the Benin customary law.
My lord the evidence in this case is quite clear and unequivocal.
The tradition takes precedence over and above the wishes of the father no matter how strong he feels against his son as the prospective heir the right to inherit the Igiogbe as it it vested in the eldest son which cannot be divested by means of disheritance.
We urge my lord to so hold and uphold the longstanding Benin custom and grant the claimant's claim.