Before Their Lordships
IDRIS LEGBO KUTIGIJustice of The Supreme Court of Nigeria
EMMANUEL OBIOMA OGWUEBGUJustice of The Supreme Court of Nigeria
UTHMAN MOHAMMEDJustice of The Supreme Court of Nigeria
SYLVESTER UMARU ONUJustice of The Supreme Court of Nigeria
ANTHONY IKECHUKWU IGUHJustice of The Supreme Court of Nigeria
Between
VICTOR OSITA OKONKWOAppellant(s)
AND
1. GEORGE N. C. OKONKWO
2. CHRISTOPHER IKEMEFUNA OKONKWO
3. JOHN OKONKWO
4. IKECHUKWU OKONKWO
5. SYNDICATED INVESTMENT HOLDINGS LTD.Respondent(s)
…………………….A…………………….
MOHAMMED, J.S.C. (Delivering the Leading Judgment): A dispute over the sale of a family house led to the filing of this suit before Onitsha High Court. This is an appeal from the judgment of the Court of Appeal, Enugu, in which it affirmed the decision of Onitsha High Court wherein the claim of Mr. Victor Osita Okonkwo against his four brothers and the Syndicated Investment Holdings Limited was dismissed. Mr. Okonkwo who hereinafter shall be referred to as the appellant filed this suit against the five defendants, now respondents in this appeal, and claimed for the following reliefs:
“(1) A declaration that the purported sale of the said property by the 1st to 4th defendants to the 5th defendants is null and void, and of no legal effect.
(2) An order of court for the cancellation of the deed of conveyance between the 1st to 4th defendants with the 5th defendant and registered as No. 37 at page 37 in volume 765 in the Land Registry in the office at Enugu, on ground that the plaintiff is not a consenting party to the said agreement.”
The facts of the case are simple because only two witnesses testified during the trial. The appellant gave his evidence in chief and closed his case and, for the defence, only Mr. George N.C. Okonkwo, the head of Okonkwo’s family, gave evidence and explained the family’s story about the sale of the family property. The house in dispute was an estate left behind by Mr. Ogbuefi Nnanyelugo Samuel Nnebechi Okonkwo of Ogbotu village, Onitsha, who died intestate in September, 1931. The 1st to 4th respondents, one F. Chuma Okonkwo who died in London and the appellant inherited the property.
The appellant has been living in London since 1959. In 1973 the 4 brothers, 1st to 4th respondents, granted a lease of No. 51 New Market Road. Onitsha to the 5th respondent. The 5th respondent paid N10,000.00 as advance rent for the first ten years of the agreement. The appellant was paid N1,000.00 being his share or the proceeds from the lease. Later, on 9th December, 1974, No. 51 New Market Road, Onitsha, was sold to the 5th respondent for a sum of N20,000.00. Out or the proceeds of the sale N3,600.00 was sent to the appellant.
