CaseLaw
Okonkwo V. Okagbue (1994) CLR 12(e) (SC)
Brief
Facts
The appellant together with four others on behalf of whom he instituted the action were the surviving sons of late N. Nnebuchi Okonkwo of Ogboetu Village, Onitsha, who had died in 1931. The deceased had two sisters, the 1st and 2nd respondents who survived him. But neither of them had any child by their husbands or anyone else.
The appellant together with four others on behalf of whom he instituted the action were the surviving sons of late N. Nnebuchi Okonkwo of Ogboetu Village, Onitsha, who had died in 1931. The deceased had two sisters, the 1st and 2nd respondents who survived him. But neither of them had any child by their husbands or anyone else.
Around 1968, the 1st and 2nd respondents purportedly married the 3rd respondent for and on behalf of their late brother without the knowledge and consent of the appellant and his said four brothers. As a result of this marriage, the 3rd respondent gave birth to six children who all bore the surname of the late N. Nnebechi Okonkwo and paraded themselves as his children. The 1st and 2nd respondents also held them out as the children of their late brother. The appellant contended that by their acts, the 1st and 2nd respondents intended that the 3rd respondent would be accorded the status of a law fully married wife in Ogbetu village by her becoming a member of the women guild called "lkporo Ogbe" which is contrary to Onitsha native law and custom. The appellant had repeatedly made demands and representation to the 1st and 2nd respondents to return the children of the 3rd respondent to the people of late Okagbue and late Obiozo who by the native law and custom of Onitsha should be the fathers of the late children, but to no avail.
The respondents on the other hand alleged that the appellant's mother was married to the late N. Nnebechi Okokwo by his younger sister, Monica, against his will, but that the marriage remained valid under Onitsha native law and custom.
Similarly, the 1st and 2nd respondents married the 3rd respondent for their late brother in accordance with Onitsha native law and custom. They contended that the marriage was entered into with the knowledge of the elders of Ogboetu village and that the consent of the appellant was not required. The children of the 3rd respondent are also legitimate and have been so recognised under Onitsha Native Law Custom.
The learned trial judge dismissed the appellants claim The appellant dissatisfied with the judgement appealed to the Court of Appeal which affirmed the decision of the trial court. The appellant appealed to the Supreme Court.