Peterson Commercial Agency Limited V. Emuobugharen Diamreyan Jarikre & Ors (2006)

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SAMUEL CHUKWUDUMEBI OSEJI, J.C.A.

This appeal is against the judgment of the High Court of Delta State sitting at Otor-Udu in the Udu Judicial Division and delivered on the 22nd day of April, 2015.

The 1st set of Respondents in this appeal had as claimants commenced an action by way of originating summons against the 2nd set of Respondents wherein they sought the following reliefs:
1. A DECLARATION that the Claimants who are biological children of Late Chief DIAMREYAN JARIKRE who died intestate are entitled to share in the intestate estate of Late Chief DIAMREYAN JARIKRE.
2. A DECLARATION that the Putuses Gate cannot assign and/or alienate any interest in the real estate intestate estate of Late Chief DIAMEYAN JARIKRE without the consent of the other three gates of Late Chief DIAMREYAN JARIKRE which consists of (a) AKPOJEVUGHES GATE (b) YIKIMIS GATE and (c) LATAS GATE.
3. AN ORDER setting aside any purported act of the defendants i.e sale and/or assignment of any interest in the real estate intestate estate of Late Chief DIAMREYAN JARIKRE without the

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consent of the other three gates of Late Chief DIAMREYAN JARIKRE which consists of (a) AKPOJEVUGHES GATE (b) YIKIMIS GATE and (c) LATAS GATE.
The question set for the determination by the trial Court is:
1. WHETHER BY LAW THE PUTUSE GATE OF LATE CHIEF DIAMREYAN JARIKRE CAN SELL/ASSIGN AND/OR ALIENATE ANY INTEREST IN THE REAL ESTATE INTESTATE ESTATE OF LATE CHIEF DIAMREYAN JARIKER WITHOUT THE CONSENT OF THE OTHER THREE GATES OF LATE CHIEF DIAMREYAN JARIKRE WHICH CONSISTS OF (1) AKPOJEVUGHES GATE (2) YIKIMIS GATE AND (30 LATAS GATE BY VIRTUE OF THE SUPREME COURT DECISIONS IN THE CASES OF ADEJUMO VS. AYANTEGBE (1989) 3 NWLR (PT. 110) 417 AND ALAO VS. AJANI (1989) 4 NWLR (PT. 113) 1.”

The said originating summons was supported by a 10 paragraph affidavit.

The 2nd set of Respondents as defendants in the trial Court did not file any counter affidavit to oppose the originating summons. Rather they filed what was headed:
AFFIDAVIT OF FACTS AS TO THE SALE OF ALL THE ADJOURNING LANDS OF OPETE WATER FRONT BY PUTUSE GATE OF LATE CHIEF DIAMREYAN JARIKRE OF OPETE TOWN, UDU LOCAL GOVERNMENT

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AREA, DELTA STATE WITHOUT THE CONSENT OF THE THREE OTHER GATES OF LATE CHIEF DIAMREYAN JARIKRE.
The said affidavit of facts consists of eleven paragraphs.

Upon the hearing of the said originating summons, the learned trial Judge entered judgment in favour of the 1st Set of Respondents herein and granted all the reliefs sought.

The Appellant herein which is a corporate entity was not a party to the suit in the trial Court but was a lessee of the parcel of land, the subject matter of the suit.

A summary of the facts as can be gleaned from the record is that, by a Deed of Lease dated 8/3/2002, the Appellant leased a large parcel of land measuring about 1.259 hectares from the 2nd set of Respondents which included one Daniel Jarikre (now late) who was the head of Late Chief Diamreyan Jarikre family consisting of four gates. The 2nd set of Respondents are brothers of the same father with the 1st set of Respondents.

Upon being put in possession of the land, the Appellant developed same by building a jetty on the water front as well as office complex and warehouses where it was carrying on marine business.

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