Monica Ozomaro & Ors V. Michael Ozomaro & Anor (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment delivered on 23/3/2010 by the High Court of Delta State holden in Ozoro Judicial Division (hereafter simply referred to as “the lower Court”) presided over by Hon. Justice E. I. Oritsejafor (hereafter simply referred to as “the learned trial Judge”).

In its judgment, the lower Court found the claims of the Plaintiff (now 1st Respondent) before it to have succeeded in part and consequently made some declarations and an order of perpetual injunction in favour of the 1st Respondent.

The instant case was contested by all the parties on record on pleadings which they filed and exchanged. Learned counsel for the 1st Respondent in cataloguing the pleadings upon which the case was contested before the lower court made reference to a 2nd Amended Statement of Claim filed by the 1st Respondent and which is on pages 10 – 16 of the records. Suffice it to say that it is an Amended Statement of Claim that the lower court reckoned with in its judgment. Thus it re-produced the reliefs claimed by the 1st Respondent in his Statement of Claim and as re-produced in paragraph 32 thereof.

Hence, the reliefs sought by the 1st Respondent in the instant action as set out in the judgment on pages 101 – 104 of the records are:-

“1. A DECLARATION that the document dated the 15th day of January, 2002 purporting and/or pretending to be the will of Dr. Christian Olufemi Ozomaro (“The Deceased”) who died on the 15th day of June, 2004 is a forged document, invalid, null, void and of no effect whatsoever, as same is contrary to the Customary Law and Tradition of the Isoko People of Delta State.

2. A DECLARATION that in accordance with Isoko Customary Law of succession and Inheritance, the Plaintiff as the eldest son of the Deceased (late Dr. Christian Olufemi Ozomaro); succeeds exclusively at all events to the house lying and situate at and known as No. 16 Agbamu Street, Ugborikoko, Bendel Estate (now known as DDPA Estate) Effurun in Uvwie Local Government Area of Delta (sic) State in addition to the lion’s and/or disproportionately large share of the remaining part of the Deceased’s Estate which the Plaintiff shares with the other children of the Deceased in accordance with Isoko Customary Law of Succession and Inheritance.
3. AN ORDER directing the defendants by themselves and their privies to render to the plaintiff the account of the rent and other income and proceeds from the real and personal properties of late Dr. Christian Olufemi Ozomaro (the deceased) controlled, managed and administered by the defendants from 15th June, 2004 till the determination of this suit.
4. A DECLARATION that the plaintiff, the 2nd and 3rd defendants are entitled to a grant of a letter of administration of the Estate of the deceased to administer the estate as follows:

(1) The Deceased’s dwelling house at No. 16, Agbamu Street, Ugborikoko Bendel Estate, (now known as DDPA Estate) Effurun, in Uvwie Local Government Area of Delta State to be exclusively given to the plaintiff (the eldest son of the Deceased) being the dwelling house (Ughen) of the deceased before his death.

(2) The deceased’s half plot of land measuring approximately 70 feet by 200 feet (i.e. 70 feet by 100 feet) situate, lying and being at Urumodu Quarters, Ozoro in Isoko North Local Government Area of Delta State to be given to Master Eguolo Ozomaro.

(3) The deceased’s plot of land measuring approximately 120 feet by 60 feet with a foundation thereon situate, lying and being at Shibiri Town in Ojo Local Government Area of Lagos State to be given to Mr. Omoefe Ozomaro.

(4) The deceased’s plot of land measuring approximately 100 feet by 50 feet situate, lying and being at St. Mary’s Clinic Road, off Airport Road, Ugborikoko, Effurun Town in Uvwie Local Government Area of Delta State to Mrs. Orowo Omorojor (Nee Ozomaro).

(5) The deceased’s half plot of land measuring approximately 70 feet by 200 feet (i.e. 70 feet by 100ft) situate, lying and being at Urumodu Quarters in Isoko North Local Government Area of Delta State to be given to given to Mr. Michael Orojere Ozomaro.

(6) The deceased’s house at No.12 Esivode Street, Okumagba Avenue Warri, Delta State consisting of five (5)flats to be shared as follows:

(a) The four (4) bedroom flat upstairs to be given to Miss Okeoghene Ozomaro.

(b) The three (3) bedroom flat (front) upstairs to be given to Miss Majiro Ozomaro.