Mrs. Lois Chituru Ukeje & Anor V. Mrs Gladys Ada Ukeje (2014)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

On the 27th day of December 1961 Lazarus Ogbonnaga Ukeje a native of Umahia in Imo State died intestate. He had real property in Lagos State and for most of his life was resident in Lagos State. The 1st appellant got married to the deceased on the 13th of December 1956. There are four children of the marriage. The respondent is one of four. After Lazarus Ogbonnaga Ukeje died, the 1st and 2nd appellants’ (mother and son) obtained letters of Administration for and over the deceased’s Estate. On being aware of this development the plaintiff/respondent filed an action in court wherein she claimed to be a daughter of the deceased and by virtue of that fact had a right to partake in the sharing of her late father’s estates. Her claims before a Lagos High Court were for:

1. A declaration that the plaintiff, as a daughter of one L.O. Ukeje (deceased), is the person entitled to the estate or one of the person entitled to share in the estate of the said L.O Ukeje (deceased).
2. An order that the grant of Letters of Administration dated 15th June, 1982 made to the 1st and 2nd defendants in respect of the estate of the said L. O. Ukeje (deceased) be revoked and declaring the same to be null and void to all intents and purposes in law.
3. An order of injunction restraining the 1st and 2nd defendants from administering the estate of the said L.O. Ukeje (deceased) and relying on the said Letters of Administration dated 15/6/82 granted to them and/or holding themselves out as administrators of the said estate to members of the public and/or transacting any business with any person in respect of the said estate of the said L.O. Ukeje (deceased).
4. An order that the 1st and 2nd defendants prepare an inventory of all and singular the estate and/or render account of all monies, transactions and/or properties which have come into their possession since the grant of the said Letters of Administration of the estate of Mr. L.O. Ukeje (deceased).
5. An order that the grant of Letters of Administration of the said L. O. Ukeje (deceased) be made to the plaintiff and the second defendant.

Pleadings were filed and exchanged. The statement of claim was filed on 22/2/83, and the statement of defence on 27/4/83. The statement of defence was subsequently, amended five times and finally on 18/6/90. A reply to statement of defence was filed on 9/11/84, amended on 15/4/86 and 24/11/86. The first witness the plaintiff, gave evidence on 31/5/84. The plaintiff’s case was closed after her mother concluded her evidence on 8/11/85 as PW2.

Thirteen witnesses gave evidence for the defence. Thirty-four documents were admitted as exhibits. Closing speeches were concluded on 11/11/91. In a judgment delivered on 10/1/92 the learned trial judge, Fafiade J found that the plaintiff is a daughter of L.O. Ukeje (deceased) and proceeded to grant reliefs 2, 3, and 4. As regards relief 5 the learned trial judge ordered the 1st and 2nd defendants/appellants to hand over the administration of the estate to the Administrator General pending when the five children (the plaintiff/respondent inclusive) would choose 3 or 4 of them to apply for fresh letters of Administration. The defendants/appellants’ lodged an appeal. The Court of Appeal Lagos (Division) agreed with the learned trial judge. That court dismissed the appeal for lacking, merit.

This appeal is against that judgment. Briefs of argument were duly filed in accordance with rules of this court. The appellants brief was filed on the 14th of September 2000 while the respondents brief was filed on the 17th of December 2006.

Learned counsel for the appellants’ formulated four issues for determination. They read:

ISSUE 1

“Where the plaintiff in an action produces a document in evidence in support of an averment of fact in his pleadings which the defendant has denied, is the defendant, if he seeks to adduce oral or documentary evidence in disproof of the plaintiffs documentary evidence, bound first to plead that the plaintiffs documentary evidence is false, fraudulent or forged

ISSUE 2

“Was the evidence of DW8 discredited in the High Court”

ISSUE 3

“Did the trial court arrive at its decision alter following the proper guidelines for decision making laid down by the Supreme Court”

ISSUE 4

“Did the Court of Appeal draw the right conclusions in respect of the Birth Certificate Exhibit H”