Christopher Onochie & Ors V. Ogbueshi N. Orefor Onochie & Ors (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BOLOUKUROMO MOSES UGO, J.C.A.(Delivering the Leading Judgment)

The main and perhaps sole issue in the case that led to this appeal is whether the Late Louis Obiajulu Onochie (a.k.a. L. O. Onochie), father of the appellants and 4th and 5th respondents but brother of the 1st to 3rd respondents, who died on 25/08/2004 distributed his estate in his lifetime.

?The respondents, especially 4th and 5th respondents, claim he did and particularly gave his No 403 Nnebisi Road, Asaba, property to the 4th respondent by a deed of gift and reaffirmed the said gift by informing the entire Onochie family of Asaba in a family meeting and further documented same by a one-page document dated 14th April 2004 -approximately four months to his death in August 2004 – in Exhibit D2.

The appellants, all of the same but different mother from the 4th and 5th respondents, deny there was any such distribution of property by their late father. They contend Exhibit D2 was not their father?s document but forged and fraudulently made by the 4th respondent and notarized to give it a false authenticity. Incidentally, 1st and 2nd appellants were disinherited in the said Exhibit D2

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while their younger brother, the 3rd appellant, was also given a plot of land.

?As a consequence of these conflicting assertions, the appellants sued the respondents in the High Court of Delta State for the following relief:

1. A declaration that the letter/document dated 14/4/2004 and read on the 5/9/2005 purporting to be the late Deacon Louis Obiajulu Onochie?s distribution of his landed properties (sic) is null and void for non-compliance with the requisite legal requirements of documents of such nature.
2. A declaration that under Asaba native law and custom the 1st claimant being the first son of Late Deacon Louis Obiajulu Onochie is entitled to inherit his late father?s property, hold same in trust and manage it for himself and on behalf of the other children of his deceased father until same is shared in accordance with Asaba native law and custom.
3. An order setting aside the said letter/document of 14/4/2004 and any purported sharing/distribution of the properties of Late Deacon Louis Obiajulu Onochie in the said letter/document.
4. An order that the aforesaid properties (sic) of Late Deacon Louis Obiajulu Onochie

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listed hereunder should be shared in accordance with Asaba native law and custom by the 1st claimant as the first son (Diokpa) of Late Deacon Obiajulu Onochie or by the 2ndDefendant who is the current Diokpa of Ezebame larger family or by anybody in the position of 2nd Defendant at the time of the judgment of the Court in this case.

a. No.24 Ezebame Street, Umuagu quarters, Asaba

b. No.403 Nnebisi Road, Asaba

c. No.5 Onochie lane, West-End, Asaba

d. No.7 Onochie lane, West- End, Asaba

e. Land at Chuka Omo Street, Asaba