Eyei Uduak Usoro & Ors v. Ebukidiok Uduak Usoro & Ors (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

EMMANUEL AKOMAYE AGIM, JSC (Delivering the leading judgment)

Chief U.J.U. Usoro of Ikot Akpan Odung, Itak, Ikono Local Government Area of Akwa Ibom State of Nigeria died intestate in 2007 leaving behind Mrs Bassey Uduak Usoro as first wife, Mrs. Christiana Uduak Usoro as second wife, Mrs. Elizabeth Uduak Usoro as third wife and Mrs. Mary Uduak Usoro as fourth wife and nineteen children from the four wives.

The 1st to 5th appellants herein are his male children by his 2nd wife. The respondents are his male children by his 4th wife.

While alive, Chief U.J.U Usoro owned four major properties namely, Itak Nursery/primary School, Itak, Palatial Guest House at Ikot Ubehe, Mma Jenny Building and Agri-feed Mills at Ikot Ubehe, Itak.

After his death, a dispute arose as to who between the 1st to 5th appellants and the respondents was entitled to the Agrifeed Mills at Ikot Ubehe, Itak. The respondents in their pleading and evidence asserted the right of ownership of the Mills on the basis of their claim that their father, while alive, shared the above listed properties amongst his children by their respective mothers and donated the said properties to them thusly:

1. To the male children of the 1st wife he donated the Itak Nursery School, Itak to the 1st son, Chief Ini Uduak Usoro to manage for himself and on behalf of his brothers from that womb.
2. The palatial Guest House at Ikot Ubehe with all the titled documents to the 1st son of the 2nd wife, Eyei Uduak Usoro for himself and his brothers.
3. Mma Jenny buildings with it appurtenances to the children of the 3rd wife through their mother Mrs. Elizabeth Uduak Usoro.
4. The Agrifeed Mills and its appurtenances to the children of the 4th wife through the 1st son, Ebukidiok Uduak Usoro to manage for himself and other brothers.

The 1st to 5th appellants asserted their right of ownership of the Mills on the basis of their claim that after their father’s death in 2007, the parties herein, other brothers and step brothers, uncles and indeed the entire Usoro family including the Elders and family Head of the larger Usoro Family met in June, 2009 and shared the above listed properties amongst the children of the intestate based on their respective mothers, in accordance with the custom and tradition of Nnung Udoe Itak people.

That the sharing which was presided over by their uncle, the then family Head of the Usoro family, Professor Etop Usoro was reduced into writing and dated 30th June, 2009 but signed on 5th November, 2009 by all members of the Committee of Usoro Family, Elders and the Family Head in the said sharing meeting, that the children of the 1st wife were given the Itak Nursery/Primary Schools in its entirety, the children of the 2nd wife were given the disused Feed mill (Agrifeed Mills) located at Ikot Ubehe; children of the 3rd wife were given the Mma Jenny Estate, while children of the 4th wife were given the palatial Guest House (bungalow) opposite the Nursery/ Primary School.

Sometimes in 2006, the Government of Akwa Ibom State decided to dualize Uyo, Ikot Ekpene Road and marked all the properties along the said road that would be adversely affected by the dualization for demolition. The Agri Feed mills was affected.

Allied to the question of who between the 1st to 5th appellants and the respondent owned the Agrifeed Mills is the question that subsequently arose as to who between them has the right to be paid compensation by the Government of Akwa Ibom State for the Agrifeed Mills as one of the properties adversely affected by dualization of Uyo-Ikot Ekpene Road. When the respondents found out that the 1st appellant had been listed by the consultants as the person to be paid the compensation, the respondents on 15/6/2012 commenced suit No. NKN/14/2012 in the Akwa Ibom State High Court at Ikono claiming for:

1. “The plaintiffs state that sometimes too in June, 2006, the then consultant, UNA & Associates appointed by the 6th defendant to value all the properties adversely affected by this exercise visited the plaintiffs father while alive with intent to cause him donate power of attorney to enable them share the said property.
2. That the said plaintiff’s father donated Power of Attorney to UNA & Associates to act on the property but directed them to continue any further transaction on the property with the 1st plaintiff.
3. The plaintiffs state that subsequently the 6th defendant appointed a new consultant, John Isangedigi & Associates, to take over the evaluation of the properties earmarked for demolition and effect payment of compensation therein.
4. A declaration that the plaintiffs are entitled to the right of ownership of the property known and called Agrifeeds Nigeria Ltd. and its appurtenances situates at Ikot Ubehe Nung Udoe, Itak Junction, Ikono Local Government Area same having been allotted to them by their late father Chief Uduak J. Usoro, inter vivos.
5. A declaration that the plaintiffs are entitled to the right to demand and collect all the compensation sums accruable to, and in respect of the said property and its appurtenances, adversely affected by the expansion of Uyo-lkot Ekpene Road, from the Government of Akwa Ibom State or its representative, the 6th defendant, herein.
6. An order perpetual injunction, restraining the 1st – 5th defendants, their agents or privies from claiming any right of entitlement to the compensation sum, accruable to, and in respect of the said property and its appurtenances.
7. An order directing the 6th defendant or its consultant; Mr. John Isangedigi of John Isangedigi & Associates or any other agent however, used by the 6th defendant in this regard, to pay all the moneys accruable to, and due as compensation in respect of the said property and its appurtenances to the plaintiffs forthwith.”

The 1st to 5th appellants counterclaimed for:

(i) A declaration that:

(a) The 1st – 5th defendants/counter-claimants are owners of the landed property generally known as the Feedmill (Agrifeed Mill) lying situate and being at Ikot Ubehe in Itak, Ikono Local Government Area, along Uyo-lkot Ekpene Road in Akwa Ibom State.

(b) The 1st – 5th defendants are the persons collectively entitled to the payment of compensation for demolition of the Feedmill by the Akwa Ibom State Government.

(ii) An injunction: