Chike Onyekwuluje & Anor V. G.b Animashaun & Anor (2019)

LAWGLOBAL HUB Lead Judgment Report

SIDI DAUDA BAGE, J.S.C.

The Respondents instituted this suit as Suit No. O/21/81 at the High Court, Onitsha on 30th January, 1981 against the Defendants-Appellants. The Respondents’ claims at the trial Court are as follows:

“1. A declaration that purported Deed of Lease made on 26th January, 1975 between I.B. Animashaun and R. B. Animashaun and the defendant touching and concerning a plot of land lying, being and situated at No. 23 New Market Road, Onitsha registered as No.29 at Page 29 in Volume 766 of the Deed Registry, Enugu is contrary to Law and is therefore of no legal effect and should be set aside.

2. A declaration that any purported occupation of No. 23 New Market Road, Onitsha pursuant to the said Deed of Lease of 29th January 1975 aforesaid is unlawful.
3. Possession of the said land at No. 23 New Market Road, Onitsha annual value is N40.00.”

The trial Court dismissed the suit of the Respondents on 12th December, 1984. Dissatisfied with the said judgment of the trial Court, the Respondents appealed to the Court of Appeal Enugu division vide a Notice of Appeal dated 8th

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March, 1985. The lower Court delivered its judgment on 27th June, 1988 setting aside the judgment of the trial Court, and proceeded to enter judgment in favour of the Respondents. The Appellants, being dissatisfied with the judgment of the lower Court filed further appeal to this Court. On 5th March, 1996, the Supreme Court allowed the appeal, set-aside the judgment of the Court of Appeal and remitted the case to the Court of Appeal to re-hear.

After rehearing the appeal, the Court of Appeal on the 30th day of November, 2005 set aside the judgment of the trial Court and ordered as follows: “In its place, respondent’s claim in the Court below is dismissed”. The Appellants being dissatisfied with the judgment of the Court of Appeal, has appealed to this Honourable Court vide a Notice of Appeal dated 8th February, 2018.

SUMMARY OF FACTS:

The 1st Respondent (G.B. Animashaun) is the administrator of the Estate and younger son of Late Badaru Asuni Animashaun (B.A. Animashaun). The 2nd Respondent is a co-administrator of the estate of the deceased. The Appellants are the children of the Late G.E.N Onyekwuluju, the substituted Appellant who was the Solicitor and Caretaker of the landed property in dispute.

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The land in dispute was the property of the Late B.A. Animashaun which was granted under a Kola Tenancy by the Mgbeleke family of Onitsha situate and lying at No. 23 New Market Road, Onitsha. Upon his death, the landed property devolved to his heirs as a family property as he died intestate. Upon the death of I. B. Onyekwuluje (elder son of B.A. Animashaun) in 1975, the 1st Respondent indicated that a purported lease had been granted to the Appellants in respect of the landed property without his knowledge or consent. The makers of the purported lease are I. B. Onyekwuluje (who is a distant relation of the Badaru Family) and G.E.N. Onyekwuluje.

Consequently, the Respondent reached out to the late G.E.N. Onyekwuluje to protest the purported lease, The matter was sought to be resolved amicably by the parties, but was not successful leading to this suit, which essentially seeks to set aside the purported deed of lease.

ISSUES FOR DETERMINATION:

The Appellants formulated twelve (12) issues for determination at pages 2-3 of the Further Amended Appellants’ Brief of Argument, thus:<br< p=””