CaseLaw
Onuora V. Onuora (2000) CLR 1(k) (CA)
Brief
Facts
On 1st June, 1999, Keazor, J. of Onitsha High Court ordered, inter alia, the appointment of the Assistant Chief Registrar of the High Court, Onitsha as a Receiver/Manager to cater for the property situate at 42, New-Market Road, Onitsha. By the motion dated and filed on 2nd July, 1999, the Defendant/Appellant/Applicant desired to have an order staying the execution of the said order pending determination of his appeal against the stated order.
The motion on notice was supported by an affidavit of 48 paragraphs deposed to by the Defendant/Applicant. A host of Exhibits were attached and marked 'A' to 'L' both inclusive. Exhibit 'H' contains the ruling of 1-6-99 in which the Learned Trial Judge appointed the Assistant Chief Registrar of the High Court as Receiver/Manager of the property. In Exhibit 'I', the Trial Judge declined to grant a stay of execution of his order. Exhibit 'J' contains the notice cum grounds of appeal of the Defendant/Appellant/Applicant.
In Exhibit 'A', the statement of claim, attached to the motion proper herein, the Respondents claimed to be jointly entitled as heirs with the Applicant right to the statutory certificate of occupancy over No. 42A New Market Road Onitsha. They claimed joint ownership with the applicant through inheritance of their late father's property. They asserted that the Applicant, acting on behalf of the family of late James Okoye Onuora, leased out the family building for 30 years. After the expiration of the lease, the applicant began to lay claim to the exclusive ownership of the building of their late father and has been collecting and appropriating the rents.
The applicant's affidavit in support of the present application is almost a complete replica of his counter-affidavit before the trial court. It is Exhibit 'G' herein. As stated before, the applicant maintained that as sole male heir, he is entitled to inherit the estate. He asserted that the Respondents have no locus standi for various reasons. He stated that he was granted kola tenancy of the property by Mgbeleke family when his late father, the precious grantee, died. He said he was a sole owner in possession for over 20 years. He rehabilitated the buildings at No.42, New Market Road, Onitsha after damage during the Civil War according to him.
The Learned Trial Judge, in his considered ruling, stressed that issues of entitlement under appropriate customary law, as well as locus standi, are to be determined in the substantive suit. After a careful appraisal of section 21(1) of the High Court Law of Anambra State as well as the decision of the Supreme Court in Uwakwe v. Odogwu (1989) 12 SCNJ 149 at p. 164; (1989) 5 NWLR (Pt. 123) 562, the Learned Trial Judge arrived at the conclusion that it was just and convenient to appoint a Receiver. This led to the appointment of the Assistant Chief Registrar of his Court as the Receiver of the stated property.
Not satisfied with the order of the court, the applicant applied to the trial court to stay the execution of the order. The application was refused.
Aggrieved by the refusal, the appellant made the same application to the Court of Appeal.
Issues
Whether, given the circumstances of this case, the applicant was entitled to a...