ORAKWE
V.
ORAKWUE & ORS

(2018) JELR 38895 (CA)    

Court of Appeal  ·  CA/E/277/2007 ·  8 Jun 2018 ·  Nigeria
CORAM
IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria
Core Terms Beta
land
appellant
exhibit d1
appellants father
learned trial judge
exhibit p1
2nd respondents
3rd respondent
kenneth orakwue
record of appeal
late samuel oguno orakwue
stephen orakwue
mgbelekeke kola
court of law
following issues
legal position
2nd respondents father
david orakwue
deed of lease
elder brother
evidence of acts of the parties
judgment of the high court of anambra state
mgbelekeke kola tenancy law
3rd further statement of claim
3rd respondents case
contention of the appellant
evidence of payment of rent
exhibit d3
facts of this case
father of the 1st defendant
father of the plaintiff
francis ikwueme v. kennethe oguno
grandson of samuel oguno orakwue
interests of oguno orakwue family
judgment of court
knowledge of other members of the family
leading judgment
management of the land
mgbelekeke family of onitsha
mgbelekeke kola tenancy law land
nwangbafor oguno grandmother of the 1st defendant
own response
purported 1st plaintiff
requirements of a valid will
said notice
see igbinosa v. aiyobagbiegbe
third party rights
virtue of the doctrine of laches

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A.(Delivering the Leading Judgment): This appeal emanated from the judgment of the High Court of Anambra State delivered in suit no. O/527/1998 on 21/9/2006. The facts of this case are that late Samuel Oguno Orakwue had four male children namely in order of seniority: (1) David Orakwue (2) Stephen Orakwue (3) Clifford Orakwue (4) Kenneth Orakwue. The appellant is one of the sons of David Orakwue and grandson of Samuel Oguno Orakwue. Both parties agreed that Samuel Oguno Orakwue in his lifetime acquired the land known as No. 30, New Market Road, Onitsha from Mgbelekeke family of Onitsha under the Mgbelekeke kola customary tenancy. It is the contention of the appellant that upon the death of Samuel Oguno Orakwue, the land devolved on his children. The said four sons of Oguno on behalf of Samuel Oguno Orakwue leased the land to Paterson Zochonis Nigeria Limited (PZ) in 1962 and the transaction is evidenced by a deed of lease registered as 50/50/188 ten…

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