(1976) JELR 46284 (SC)    

Supreme Court  ·  SC.269/1975 ·  1 Jul 1976 ·  Nigeria
Other Citations
Udensi v. Mogbo (1976) 7 S.C. 1
DARNLEY ARTHUR RAYMOND ALEXANDER Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
mgbelekeke family
dominic udensi
john udensi
lex situs
moore street onitsha
kola tenant
said property
death of john udensi
equitable interest
father of the appellant
legal title
right of inheritance
exhibit a
following observations
incoming tenant
kola tenancy agreement
account of the moneys
action lay
beneficiaries of his estate
common law
customary laws of their people of ezinifite
customary second burial ceremonies of the deceased
d. a. r. alexander
evidence of the respondents
father of the respondents
first defence witness
following orders
grounds of appeal
kola system
kola tenancy law cap
laws of eastern region of nigeria
mgbelekeke family of onitsha
name of john udensi
only surviving beneficiaries of john udensi
particular case
payment of kola
personal representative
plaintiff of the amount
possession of the said land john udensi
proper person
respect of the parcel of land
respondents father
said family
taking of such accounts
tenancy agreement
trustee of the estate
use of the said land
virtue of the ili-ekpe custom of the people

D. A. R. ALEXANDER, C.J.N. (Delivering the Leading Judgment): In the High Court of the former East Central State holden at Onitsha (Agbakoba J.) the Respondents claimed from the Appellant, as follows:

(1) An account of the moneys received from the said property (i.e. the building known as 54 Moore Street Onitsha) since January 1971.

(2) An order for the payment by the Defendant to the Plaintiff of the amount due to the Plaintiff on the taking of such accounts.

(3) An injunction restraining the Defendant, his Agents and/or his servants from collecting any money from the said property. The background to this claim as appears from the evidence of the Respondents which the learned trial Judge, in the Court below, accepted may be summarised thus: In 1935 the Mgbelekeke family of Onitsha acknowledged the father of the Respondents as Kola tenant in respect of the parcel of land at 54 Moore Street Onitsha in succession to one Peter Akor who surrendered his tenancy in that year to the said fam…

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