Michael Romaine Vs Christopher Romaine (1992)

LawGlobal-Hub Lead Judgment Report

NNAEMEKA-AGU, J.S.C.

This is an appeal by the defendant who was the successful party in the High Court. But the Court of Appeal reversed the High Court decision and entered judgment for the plaintiff in terms of his claim.

In an Onitsha High Court, the plaintiff who sued as head of George Romaine’s family claimed the following reliefs:-

“1. A declaration that all that piece and parcel of land (plan of which will be filed in Court) being and situate at Onitsha within jurisdiction, known as and called No.20, Emejulu Street, Onitsha (formerly known as No.16, Emejulu Street, Onitsha) is the communal property of the sons of late George Romaine of Onitsha.

2. 300pounds general damages for trespass in that the Defendant in or about the year 1966 broke into and entered into the Plaintiff’s land aforesaid and started to harass the Plaintiff’s tenants living on the land and to collect rents from them. Further, between the year, 1970 and 1971, the Defendant unlawfully broke into and entered the land and knocked down the walls of Plaintiff’s dilapidated buildings on the said land and threatened to erect some building on the land in furtherance of the said trespass.
3. Perpetual injunction to restrain the Defendant, his servants, agents workmen from continuing or repeating the said trespass.”

It was common ground that the radical title to No.20 Emejulu Street, Onitsha (hereinafter to be referred to as the land in dispute) resided in Mgbelekeke Family of Onitsha who made a grant of it to one Tom Elo Romaine, long deceased, as a kola tenant. The bone of contention in this case is who, of the plaintiff and the defendant, has inherited the land in dispute.

According to the plaintiff, his father, George Chukwuka Romaine was the son of Tom Elo Romaine by his first wife, Madam Ajuma Romaine. On the death of Ajuma, Tom Elo Romaine married one Ma Lucy Musa Romaine who begot three children – Comfort, Esther and Emmanuel. Emmanuel died without an issue. Comfort had two sons, the defendant (born of an unknown father) and Julius. According to the plaintiff when Tom Elo Romaine died in 1917, plaintiff’s father, George, as the only male issue of Tom Elo Romaine inherited the land in dispute according to Onitsha native law and custom. Under that, persons of the female line cannot inherit land. When plaintiff’s father died in 1965, the land in dispute should be inherited by the plaintiff and his brother, Eric Romaine (P.W.4) and other children of George Romaine. In 1961, his father had gone blind. As a result of the discussions he had had with his father in 1962, he went to Mgbelekeke Family to pay the “Kola” for the land in dispute. There he was informed by the lawyer to the family that the defendant had paid the “kola” and had had a document of title executed in his favour and in his name. When he reported this to his father, the latter protested to Mgbelekeke Family. This led to a series of correspondences and discussions culminating in the request of the solicitor to Mgbelekeke Family demanding of the defendant that he should return the document of title made out’ in his name for rectification. It is useful to set out in full Exhibits 3 and 9. Exhibit 3 reads as follows:-

“OBANYE & CO.

(Solicitors & Advocates)

MGBELELEKE

CHAMBERS

64, FRANCIS STREET

P.O. BOX 378

ONITSHA, NIGERIA

11th August, 1970