CaseLaw
Nsirim V. Amadi (2016) CLR 1(f) (SC)
Judgement delivered on January 22nd 2016
Brief
Facts
The respondent herein instituted an action as plaintiff in the High Court of Rivers State where he claimed entitlement to the grant of Letters of Administration and Assignment of leasehold in respect of a property situate and lying at Plot 91, Gborokiri Layout, otherwise known as No.3 Adoni Street, Gborokiri, Port Harcourt vis -a-vis an order revoking/or nullifying the Letters of Administration purportedly granted to the Defendant in respect of the said property amongst others.
The respondent claimed that the land in dispute was assigned to his brother Chief Christian Amadi. While it was the contention of the appellant that the property in issue was not assigned by his late father John Amabibi Nsirim and that the said late John Amabibi Nsirim granted a Power of Attorney to a done over the property having nothing left to assign to the privy of the respondent; also the it was contented that the respondent lacked locus standi to institute the action because he was not armed with Letters of Administration as at the time the suit was commenced but suing as the next of kin of his lather father.
The Court revoked the Letters of Administration dated 15/12/82 thereby giving judgment in favour of the defendant/appellant on the precise that his father having granted a Power of Attorney to another, had nothing to assign to the brother of the plaintiff/respondent.
The court nonetheless failed to consider the issue of Locus standi raised.
Dissatisfied the respondent herein appealed to the Court of Appeal only in respect of the issue that the respondent is entitled to the assignment of the leasehold interest in respect of the property in dispute. There was however no appeal against this decision of the Court of Appeal.
The appellant herein neither cross-appealed nor filed a respondent’s notice against the judgment of the court to determine the issue of the lower court as raised. Rather, the respondent herein raised an issue concerning the non-determination by the trial court of the issue of the Lower court of the plaintiff.