Emmanuel Ilona V. Sunday Idakwo (2003)

LAWGLOBAL HUB Lead Judgment Report

O. EDOZIE, J.S.C.

Proceedings giving rise to this appeal are a little bit complex both with respect to the parties and the subject matter in controversy. The proceedings emanated from the administration of the estate of one Joseph Idakwo Ejiga who died intestate leaving among his heirs the two sons who are the plaintiffs/respondents on record.

By a writ of summons in suit No. ID.17/89 filed at the Idah High Court on 19th of September, 1989, Sunday Idakwo, the 1st respondent herein as plaintiff sued his brother John Idakwo (2nd respondent) and Emmanuel Ilona (appellant) as 1st and 2nd defendants claiming the following reliefs:-

“(a) The 1st defendant to hand over to him all the properties, money and documents connected with the estate of their late father Joseph Idakwo Ejiga as the administrator of the estate.

(b) The 2nd defendant to vacate the plot of land at the Total Petrol Filling Station situate at Sabon Gari opposite St. Boniface Primary School, Idah forming part of the estate of his late father and that any evidence of ownership of the land produced by the said defendant be declared null and void.”

With the leave of the court granted as the proceedings progressed, the name of Ukwenya Ochijenu Utenu was joined as the 3rd defendant while the name of John ldakwo was struck out as 1st defendant and added as 2nd plaintiff. As reconstituted, the parties in the action are:-

1. Sunday Idakwo …………………… 1st plaintiff
2. John Idakwo ………………………. 2nd plaintiff

AND

1. Emmanuel Ilona …………………….1st defendant
2. Ukwenya Ochijenu Utenu .. ……….2nd defendant

Pleadings were filed, exchanged and subsequently amended. In their amended statement of claim dated 27th day of January, 1992, the plaintiffs claimed the following reliefs:-

“29. Whereby the plaintiffs claim that the said letter of 26/6/70 declaring the said Certificate No. 61 null and void be declared void.

30. Whereby the plaintiffs claim that the 1st defendant’s claim be dismissed and his said Certificate of Occupancy nullified.
31. Whereby the plaintiffs claim that the 2nd defendant’s claim be dismissed for lack of evidence to ground his claim.
32. Whereby the plaintiffs claim against the defendants in addition to the total cost of this action and (sic) general damages.”

The 2nd defendant filed an amended statement of defence dated 16th day of December, 1993 and counter-claimed thus:

“WHEREOF, the defendant counter-claims against the plaintiff (sic) as follows:-

(i) A declaration that the right of occupancy obtained by his (sic) father covering the land measuring 400ft by 300feet situate opposite St. Boniface Primary School, Sabon Gari, Idah was obtained by fraud, in error and therefore null and void.

(ii) A declaration that in as much as the issues relating to the land aforementioned is concerned it is already res judicata.

(iii) A declaration that the letter of administration obtained by the plaintiff is obtained by fraud and therefore null and void in as much as it covers the land in dispute.”