Mathias Sunday Ezejesi V. Philip Ikechukwu Ezejesi (2008)

LawGlobal-Hub Lead Judgment Report

OLUKAYODE ARIWOOLA, J. C. A.

This is an appeal against the judgment of the Onitsha High Court presided over by Uzoewulu, J. of the Anambra State Judiciary.

The said judgment was delivered on 4th February 2003 against the plaintiff.

The Plaintiff, who is the Appellant herein had before the trial Court claimed in the Amended Statement of Claim against the defendant as follows:-

“(i) A declaration that the Plaintiff and the Defendant are jointly owners of All THAT developed property (one storey building) lying and situate at NO.3 Awka-Etitl Street, Awada Layout, Obosi which is particularly delimited (sic) in a licensed Survey Plan No. TLS/AN/D201/92 filed along with this pleading, such that the plaintiff owns two flats thereof (one in each floor) and the defendant owns four floors (sic) (two in each floor).

(ii) An account of all the moneys and rents which the defendant has been collecting from the property since 1st April 1999 till judgment in this suit.

And an order for the payment by the defendant to the plaintiff of all such moneys and rents found due to the plaintiff.

(iii) An Order of the Court compelling the defendant to restore possession of the said two flats to the plaintiff.

(iv) An account of the moneys earned by the defendant from August 1985 till judgment in this suit in the Engine Oil joint business aforesaid,

And an order for payment by the defendant to the plaintiff of all such moneys and profits found due to the plaintiff in the ratio of 4.2 (i.e defendant 2/3 and plaintiff 1/3 of the profits thereof).

(v) An order by the Court compelling the defendant to return the plaintiff’s N7, 000.00 contribution.

(vi) An injunction restraining the defendant by himself, his agents, workmen or servants or otherwise howsoever from excluding the plaintiff from the said two flats and premises in any way howsoever.

(vii) N30, 000.00 (thirty thousand Naira) general damages for wrongful exclusion of the plaintiff by the defendant from the two flats aforesaid,”

The gist of this case is that the appellant who was the plaintiff at the trial court and the defendant/respondent are brothers of half blood. It is the appellant’s case that sometime In 1983, the respondent, then a dealer in Engine Oil, approached him and prayed the plaintiff to contribute the sum of Seven thousand Naira (N7, 000.00)to enable the respondent continue his business of Engine Oil. The appellant paid this money and after trading with the money for about one year, the respondent gave the appellant the sum of N20,508.00 as his share of the profit made from the engine oil trade.