CaseLaw
Odunkwe Admin. Gen East Central State (1978) CLR 1(d) (SC) V.
Judgement delivered on January 27th 1978
Brief
Facts
The freehold interest in a landed property situate at and known as No.22B Gun¬ning Road, Abakaliki the subject matter of this appeal, was vested in the Agbaja community of Abakaliki. Raphael Mbadugha (3rd plaintiff/witness) of 14 Awka Street, Abakaliki, took a lease of the property from the Agbaja community and but a store on it. He (3rd plaintiff/witness) subsequently, in1956/57 sold it to Mba Ndukwe (deceased) who rebuilt the store in 1960. After receiving £80 from Mba Ndukwe, Raphael Madugha (3rd plaintiff/witness) with the consent of the Agbaja community and the Abakaliki Urban Council, assigned his inter¬ests in the land to Mba Ndukwe (deceased).
Mba Ndukwe (deceased) died on 25/2/62 and after his death his brother Okeke Ndukwe intermeddled with the property and he, claiming to be the beneficial owner, sold it for £280 on the 1st day of May, 1963 (see Exhibit D). After the receipt of the money, he applied to the Urban County Council, Abakaliki for permission to assign the store (No. 16) on the approval in writing (see Exhibit E dated 16th March, 1964). The ground given in his application for this approval was his false claim that Mba Ndukwe was his agent and that he bought the land for him Okeke with money provided by him Okeke. However, Okeke Ndukwe’s claim that Mba Ndukwe acted as agent for him to purchase the property with the money provided by him was not accepted by the learned trial judge and in his judgment the Judge found and concluded as follows: -
“I am satisfied that Okeke Ndukwe did not provide the purchase money for the said property. He claimed he bought the property in 1946/47. But the property was sold by Raphael Madugha in 1956/57. ........... I am satisfied that Mba Ndukwe was the one who bought property for himself, developed and made use of it until he died in 1962."
On the 15th day of February, 1963, the widow of the deceased p.w.6, Mrs. Ori Mba surrendered the administration of the estate of the deceased to the re¬spondent. All efforts of the respondent short of force to persuade the appel¬lant to surrender possession of the said property failed.
The respond¬ent demanded possession from the appellant and on refusal sued for possession, mesne profits and injunction. The respondent was non-suited in respect of the claim for mesne profits but was granted possession and injunction as claimed.