Females in Mbaise in particular and other parts of Igbo land can now partake in the inheritance of their father’s property, whether married or not, the court has ruled.
An Imo State High Court sitting in Aboh Mbaise has ruled while adjudicating in a matter involving a female whose deceased father’s relatives denied assess to his estate .
The lady had approached the court in 2017 for judiciary interpretation of the decision of her father’s relatives, particularly after the death of her only surviving brother.
Delivering a judgment recently on the case before her, Justice Ijeoma Agugua, declared that Mrs. Regina Ihemadu (Nee Nwimo) who is the only surviving child of her late father, Imo Ebiringa of Amaokpu Umuopara Umuelagwa Onitcha Ezinihitte Mbaise L. G. A. of Imo State is entitled by law to exclusively inherit the estate of her late father.
In Suit No. HAM/13/2017 filed by Emperor N. Iwuala of counsel on behalf of the plaintiff, the court also, restrained the woman’s uncles, other relations and their agents from trespassing into the estate with a N7 million damages for unlawful trespass.
In could be recalled that Mrs. Ihemadu who is now married in Umuosisi Obizi Community in the same Ezinihitte Mbaise Local Government Area brought this suit in the year 2017 against her uncle, one Sunday Uwazie and against members of Ebiringa family of Amaokpu Umuopara Umuelagwa Onitcha in the above L. G. A.
Some years ago, the plaintiff’s only male brother, Christian Nwimo, died without a survivor leaving only the plaintiff (Regina) as the only surviving child of their father.
Subsequently, The defendants started selling some parts of the plaintiff’s father’s estate without the consent of the plaintiff.
Reacting to the judgment, Iwuala said that the judgment is very apt and flows from the constitutional right against discrimination on sex stating that the judgment is only a restatement of the earlier judgment of the Supreme Court in the celebrated Ukeje case.
“With this, it is now clear that the age-long custom of disinheriting female children (both married and unmarried) from sharing in their father’s property and estate is now not only null and void, but unconstitutional.”