. Emodi & Ors In The Court Of Appeal Of Nigeria (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ISAIAH OLUFEMI AKEJU, J.C.A.: (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Anambra State holden at Awka delivered on 24/11/2006 in respect of two Suits with Nos. A/49/2004 and A/56/2004 that were consolidated for trial.

By the Writ of Summons and Statement of Claim filed at Awka Division of Anambra State High Court on 5/4/2004, Ben C. Emodi and Victoria A. Emodi as plaintiffs commenced suit No. A/49/2004 against (1) Mrs. Patricia Emodi (2) Orakwue Emodi (3) Amaechi Emodi (4) Chiago Emodi (5) The Administrator-General and Public Trustee, Anambra State of Nigeria, and (6) The Probate Registrar, High Court, Awka as defendants.

The plaintiffs sought the following reliefs:-

“1. A declaration that the plaintiffs are entitled to letters of Administration of the estate of the deceased intestate.

2. Against the 6th Defendant a grant of letters of Administration of the deceased intestate.
3. An injunction restraining the defendants from tampering with the estate of the deceased intestate.”

The 2nd-4th defendants in that Suit filed their Statement of Defence on 18/6/04 and sought the following by way of Counterclaim;

“(a) That the plaintiffs have no right to dabble into the estate of the late Nnanyelugo Godfrey Umunna Emodi.

(b) A declaration that the Plaintiffs are Administrators de son tort.

(c) An order of perpetual injunction restraining the plaintiffs from ever dabbling into the Administration of the estate of Late Nnanyelugo Godfrey Umunna Emodi.”

A Reply to the 2nd to 4th Defendants Statement of Defence was filed on 19/7/2004, while the 5th defendant also filed A Statement of Defence on 27/7/04 essentially admitting that the estate of the deceased had been surrendered to that office and then pledged to abide by any decision the court may deem fit and proper to make in the circumstances of the case.

Also on 14/4/2004, Orakwe Emodi, Amaechi Emodi and Chiago Emodi, the 2nd, 3rd and 4th defendants in Suit No. A/49/2004, instituted another action, No. A/56/04 through the Writ of Summons filed with the Statement of Claim against (1) Henry Emodi, (2) Benjamin Chuka Emodi and (3) Victoria Ogbolu, two of who were plaintiffs in A/49/2004. As stated in the Amended Statement of Claim filed on 19/4/2006, the plaintiffs claimed as follows:-

“(a) That the defendants have no right to dabble into the estate of the late NNANYELUGO GODFREY UMUNNA EMODI (EMODI).

(b) A declaration that the 2nd and 3rd defendants are Administrators de son tort.

(c) An order of court commanding the 2nd and 3rd Defendants to account to the plaintiffs for their illegal Administration from 22nd December 2002.