Legalpedia Citation: (2014) Legalpedia (CA) 81307
In the Court of Appeal
Wed May 7, 2014
Suit Number: CA/L/795/2009
CORAM
PARTIES
PETER ENAHORO (Suing by his attorney-in-fact MR. CHRISTIAN ENAHORO) APPELLANTS
1. O’CERONS LIMITED
2. ANDREW ENAHORO
3. PETER ENAHORO4. HELENA ENAHORO (For themselves and as beneficiaries of the estate of the late Mrs. Cassimera Aderemi Enahoro.)
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This is an appeal against the judgment of Oshodi J. of the High Court of Lagos State Ikeja Judicial Division, delivered on 31st day of March 2009 wherein his Lordship dismissed the Appellant’s claim for possession and damages against the 1st Respondent in respect of the disputed property on the ground that the Appellant is estopped from claiming ownership of the property having earlier relinquished ownership to his deceased ex wife as he indicated in Exhibit H, his letter to his daughter, the 4th Respondent. Unsatisfied with this judgment, the Appellant has appealed.
HELD
Appeal dismissed
ISSUES
1. Whether from the factual circumstances of this case, an estoppel was created, and was subsisting, barring the Appellant from claiming possession of the contested property against the 2nd – 4th Respondents.?
2. Whether the 2nd – 4th Respondents as 2nd – 4th Defendants at the Lower court discharged the burden on them to prove that the contested property was jointly owned by the Appellant and their mother, late Mrs. Cassimera Aderemi Enahoro.?
RATIONES DECIDENDI
CASES CITED
Afro-Continental Nigeria Ltd v. Ayantuyi (1995) 9 NWLR (Pt.420) 411Anyaegbunam v. Osaka & Ors (2000) LPELR-508 (SC)Cave v. Mills (1862) 7 H. and N.913 at 927 -928Imah v. Okogbe (1993) 1 NWLR (Pt.315) 159 at 173Joe Iga & Ors v. Ezekiel Amakiri & Ors (1976) 11 SC. 1. 12-13Joe Iga & Ors V. Ezekiel Amakiri & Ors (1976) 11.Odutola V Papersack Nigeria Limited (2007) 1 MJSC 129 @ 142Ogilvie v. Allen (1899) 15 T.L.R. 294″Okonkwo v. Kpajie (1992) 2 NWLR (Pt.226) 633 @ 655, D-GOlalekan V. Wema Bank Plc (2006) 12 NWLR Pt.998 PG 617Sanders v. Sanders (1952) 1 All E.R. 767
STATUTES REFERRED TO
Evidence Act