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CaseLaw

Anya V. Anya (2020) CLR 1(a) (SC)

Judgement delivered on January 24th 2020

Brief

  • Standard of proof in Civil cases
  • Will – Validity of and nature of
  • Raising issue suo motu
  • Raising an issue suo motu and looking into the case/file by the Court to determine a matter
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Facts

The Appellant as Plaintiff at the trial Court is the 1st son of late Oji Anya who died in Enugu on 16/6/2004 while the original 1st Respondent was the mother of the Appellant with others, who was the surviving wife of the said late Oji Anya but she died during the pendency of the appeal at the lower Court. After the death of late Oji Anya, his family had several meetings to distribute his estate among them since it was believed that he died intestate.

After commencing the process of obtaining Letters of Administration from the Probate Registry of the High Court, Umuahia, problem ensued as to the entitlement of the parties to the said estate and whether the female children of the family should receive any portion. This caused the extended family to intervene and resolved that an equitable formula for the distribution be adopted. The original 1st Respondent (now deceased) rejected the resolution and alleged that the deceased left a Will prepared by one Clement H. C. Nwanya, Esq., appointing her and Mr. Nwanya as Executors of the 2 buildings forming part of the estate as Exhibit A. The will was doubted by the Appellant (Plaintiff) which caused him to file the suit against the Respondents at the trial Court as follows:

  • a
    A declaration that the plaintiffs are entitled to a statutory right of occupancy or in the alternative a customary right of occupancy in respect of all that piece or parcel of land situate along Lagos Ikorodu Road, Ikorodu, Lagos State which land is now particularly shown and delineated by beacon No. WN.2722 and WN.2723 respectively same marked RED in plan No.L& LCB.21 registered the Deed of grant dated 28th day of December, 1959 and registered as No. 17 page 17 Volume 358 of the Land Registry, Ibadan;
  • b
    A declaration that the document dated the 26th day of October 1998 purportedly deposited at the probate registry Enugu purporting to be the will and last testament of Chief Oji Uke Anya is void and of no effect whatsoever.
  • c
    A declaration that the estate of Chief Oji Uke Anya is to be distributed in accordance with the land and custom of inheritance of Igbere people of Abia State of Nigeria.
  • d
    A perpetual injunction restraining the defendants from acting or purporting to act as Executors of the said purported will and last testament of Chief Oji Uke Anya or in any way or manner tempering with or dealing in the assets of the estate of late Chief Oji Uke Anya wherever found or situate.
  • e
    An order directing the defendant to render an account unto the plaintiff of all monies collected by them as rent from 2 buildings in the estate of late Chief Oji Uke Anya respectively situate at No. 35 Zik Avenue and No. 25 Ibiam Street all in Uwani Enugu State.

The Respondents counter-claimed and defended it wherein the trial Court's judgment favoured the Respondents, same affirmed by the lower Court, hence this appeal.

Issues

Was the Court of Appeal right to set aside the findings of facts by the High...

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