CORAM

Y.O. ADIO

U. MOHAMMED

A.I. IGUH

PARTIES

VICTOR OSITA OKONKWO APPELLANTS

GEORGE N. C. OKONKWO CHRISTOPHER IKEMEFUNA OKONKWOJOHN OKONKWO IKECHUKWU OKONKWOSYNDICATED INVESTMENT HOLDINGS LTD RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant inherited the house in dispute from Mr. Ogbuefi Nnanyelugo Samuel Nnebechi Okonkwo. The 1st – 4th Respondents leased the property to the 5th respondent; the appellant was paid his share. Later the 1st – 4th respondents sold the property to the 5th Respondent, and the appellant was given his of the proceeds of the sale. A year and half later, the appellant returned his share and sued the respondents.

HELD

The Court dismissed the appeal. The majority decision of the Court of Appeal was affirmed.

ISSUES

Whether the failure of the 1st to 4th respondents to obtain the consent of the appellant before they conveyed the property at No. 51 New Market Road, Onitsha, to the 5th respondent has nullified the sale of the house.

RATIONES DECIDENDI

CASES CITED

1. Olu Ogunsola v. NICON (1996) 1 NWLR (Pt. 423) 126 2. Ala Mazi Aja and Another v. John Okoro and Ors (1991) 7 NWLR (Pt. 203) 260 at 277.3. Taylor and Ors v. Kingsway Stores of Nigeria Ltd and Anor (1965) 1 ALL NLR 19.

STATUTES REFERRED TO

None|

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