Kafene Jeddo Vs Agharimuayire Imiko (1972)

LawGlobal-Hub Lead Judgment Report

LEWIS, JSC.

In Suit No. W/71/61 in the Warri High Court the plaintiff’s writ issued on the 8th of November, 1961, read:-

“BETWEEN : Agharimuayire Imiko (Next -of-kin) Plaintiff of Uruetsone Emoefe (deceased) AND

1. Kafene Jeddo ) …………………. Defendants

2. Robert Jeddo ) CLAIM The plaintiff claims against the defendants:

(1) Possession of the piece or parcel of land known and described as ‘Egodo Uruetsone’ (Uruetsone’s Compound) at Ukpokiti Quarters, Agbassa, Warri. The extent and limit of the said piece or parcel of land will be shown on a plan to be filed in court in this action.

(2) An injunction restraining the defendants, their servants and/or agents from trespassing unto the plaintiff’s said piece or parcel of land at Agbassa aforesaid.”

And paragraph 20 of the Statement of Claim read:-

“This action is brought by the plaintiff as the next-of-kin of Uruetsone Emoefe (deceased) as the said premises was his bona fide property at his death.”

After the hearing of the action began the plaintiff brought a motion asking leave of the court:-

“To amend the title of the action to read “AGHARIMUAYIRE IMIKO (Administratrix of the Estate of Uruetsone Emoefe (deceased)”

And to file an Amended Statement of Claim and for such further order or orders as to this Honourable Court may appear just and proper to make in the circumstances.”

And paragraphs 3 to 6 of the affidavit in support read:-

“3. That at the time I instituted the action I had a certificate of inheritance from the then Warri Division Grade “B” Customary Court, Warri in respect of the Estate of Uruetsone Emoefe (deceased).