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CaseLaw

Chinweze V. Masi (1989) CLR 1(h) (SC)

Judgement delivered on Jan 27TH, 1989

Brief

  • Joinder of parties
  • Joint tenancy
  • Right of survivorship in a joint tenancy
  • Brief writing
  • Estoppel

Facts

The plaintiffs now Appellants are claiming as "beneficiaries of the Estate of Mrs. Elizabeth Chinweze, deceased". There is no dispute that the Appellants are the children of Mrs. Elizabeth Chinweze deceased. The Appellants who were born many, many years after the death of Peter Chinweze the husband of Elizabeth Chinweze never claimed to be the children of Peter Chinweze by the operation of any "Native Law and Custom" or natural law, let alone English law.

As beneficiaries of the estate of Mrs. Elizabeth Chinweze (deceased) the Appellants claimed against Mrs. Veronica Masi, their half sister the following reliefs:-

  • 1
    A declaration that the house situate at No. 5 Ogui Road, Enugu is the bona fide property of Mrs. Elizabeth Chinweze (deceased) of whom the plaintiffs are beneficiaries thereof.
  • 2
    A declaration that the defendant is a Trustee de son tort in respect of the estate of the said Mrs. Elizabeth Chinweze (deceased)
  • 3
    A declaration that any transaction not in the interest of the beneficiaries in respect of the said No. 5 Ogui Road is null and void and without effect whatsoever.
  • 4
    Injunction restraining the defendant, her servants or agents from any act of interference with the said property contrary to the interest of the beneficiaries and from dealing with it in any manner whatsoever as if it was her property.

In the two affidavits seeking the approval of the court for the named plaintiffs (the Appellants), to represent all the other beneficiaries, no mention was ever made of Peter Obikwesi Chinweze the late husband of Elizabeth Chinweze deceased, the father of the 1st defendant Mrs. Veronica Masi and the original lessee of the property designated No. 5 Ogui Road, Enugu, now in dispute.

This is stage 1.

Stage 2 opened with the application of Eddy C. Ibe (under Order IV Rule 5 (i) High Court Rules, Laws of Eastern Nigeria 1963 applicable in Anambra State) to join as a party to the pending proceedings between the plaintiffs/Appellants and their sister the 1st Defendant. In his affidavit in support

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