Sgt. Ene Bassey v. Ekpiken Bassey Ekpiken & Ors (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BALKISU BELLO ALIYU, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the High Court of Cross River State, Calabar Division (trial court) delivered by Hon. Justice Eyo E. Ita on the 19th July, 2021 in respect of suit No: HC/295/2014 that was filed by the appellant as the claimant against the respondents who were the defendants at the trial court.

The appellant suing by his Attorney, Emmanuel Orok Duke, Esq. commenced the suit by an amended writ of summons and an amended statement of claim filed on the 16th July, 2020, contained in pages 456 – 465 of Vol. 2 of the records of appeal.

The facts of the case are that the appellant claimed by his suit to be the first son of Late Madam Affiong Nyong Bassey who died intestate, and as such he is entitled to her estate.

The reason he is claiming the entitlement to the estate of late Madam Bassey was because she and her late sister, Madam Arit Nyong Bassey jointly married the appellants mother for their elder brother (Appellants father) as they were both barren.

He claimed to be the first son of the late Madam Affiong Nyong Bassey by virtue of Efik custom and tradition which recognized him as her and her sisters son having arranged marriage between his father (their brother) and his mother.

He claimed that the 1st respondent has no blood relations with the family of the deceased, but only worked as a bricklayer for the family.

While the 4th and 5th respondents were purportedly adopted children of Madam Affiong Bassey whose adoption status has no legal backing even though he (Appellant) accepted them as his siblings, since they grew up with his family. The appellant also claimed that the late Madam Affiong Bassey died intestate on the 27th January, 2008 and accused the 1st respondent of stealing the family documents that were in the custody of the deceased before her death because he was the only person present when she died.

That the appellant was suspicious of the 1st respondent, and he reported him to the police and upon interrogation, the 1st respondent confessed that he had deposited all the late Madams documents with the Cross River State Ministry of Justice under the 2nd and 3rd respondents control.

The 2nd and 3rd respondents exonerated the 1st respondent and claimed that the documents were brought to them by the deceased herself and not by the 1st respondent. The 2nd and 3rd respondents took over the management of the deceaseds estate and put new tenants on the landed property.

They disputed the title of the appellant to the property and to the administration of the estate, thus the reason for filing this action wherein he claimed the following reliefs against the respondents:

1. A declaration that the claimant is the 1st son of the deceased person, and thus the rightful and lawful person entitled to manage the estate of Late Madam Affiong Nyong Bassey, especially as a letter of admin to that effect had been issued to claimant since 2008, through concurrence of the family head, Late Madam Arit Nyong Bassey.
2. An order granting the right of administration of the said estate to the claimant having been duly issued with a letter of administration.
3. A declaration that the entry of the 1st defendant into the deceased private apartment and stealthily taking away all documents pertaining to the estate and handing over of same to the 2nd and 3rd defendants is illegal and unconstitutional, null and void.
4. A declaration that the forceful takeover and management of the said estate by the 2nd and 3rd defendants is illegal, unconstitutional, and void.
5. An order of perpetual injunction restraining the 2nd and 3rd defendants, their agents, privies, or representatives from ejecting or threatening to eject the claimant and his family from the said property.
6. An order of perpetual injunction, restraining the 2nd and 3rd defendants, their agents, privies or representatives from exercising any act of administration and/or parading themselves as such, or entering and/or inspecting the said property and dealing with same by way of lease, development, collection of rents and/or purporting to alienate same with a view to creating any tenancy, or dealing with the said property in such a way and manner that is inconsistent with the interest of the claimant howsoever henceforth.
7. An order of court for 2nd and 3rd defendants to make account of all the arrears of rent so far illegally collected from the said property from 2008 till the final determination of this suit and to pay 10% interest therefrom accordingly.
8. An order of court for the 1st, 2nd, and 3rd defendants to pay to the claimant special damages to wit:

a. The cost of two (2) flats of 2 bedrooms each at N350,000.00 (Three hundred and fifty thousand naira) each, per annum; and four (4) room apartments at the cost of N48,000.00 each per annum total rents amounting to 892,000 (eight hundred and ninety-two thousand Naira) per annum, beginning from 2008 till judgment.

b. N350,000.00 (Three hundred and fifty thousand naira) being cost of litigation- Official receipt from Imoh Inyang & Co. is pleaded.

9. An order of court for the 2nd and 3rd defendants to return all property of the claimants mother in their possession, including two bank accounts (passbooks), documents relating to the property and others, etc.
10. N25,000,000.00 (Twenty-five million naira) general damages against the 1st, 2nd, and 3rd defendants, jointly and severally for subjecting the claimant and members of the family of the deceased persons in question, including the minors, to severe economic hardship, whereby exposing them to protracted psychological and emotional trauma for the past several years, when the 1st, 2nd, and 3rd defendants conspired together to deprive the claimant and his family members of their only source of livelihood, to wit, the property at No. 7, Okon Inok Street, Calabar.

The 1st, 4th, and 5th respondents filed a joint amended statement of defence and counter claim denying the claims of the appellant. See pages 557 – 562 of volume 2 of the record of appeal. They denied that the appellant was the son of late Madam Affiong Nyong Bassey. That the appellant never lived in the property of the deceased at No. 7, Okon Inok Street Calabar where she lived along with her tenants during her lifetime. That the property No. 7, Okon Inok Street Calabar is the personal property of the deceased and was never a family property as claimed by the appellant. That the 1st respondent was a trusted assistant and confident of the deceased, and her wish was that he should take care of the 4th and 5th respondents upon her death. That the 4th and 5th respondents were legally and officially adopted children of Madam Affiong Nyong Bassey and they pleaded their adoption and birth certificates and the funeral program of Madam Bassey. As to the documents relating to the deceased’s properties, they stated that same were deposited personally by her with the 2nd and 3rd respondents with the intention that in the event of her death, these authorities will manage her properties for the benefit of her children, i.e. the 4th and 5th respondents.