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TONY CHIBUEZE OKOLONWAMU & ORS V. MRS. THERESA NKEM OKOLONW; (2019)

case summary

Supreme Court of Nigeria

Before Their Lordships:

  • Olabode Rhodes-Vivour JSC
  • Olukayode Ariwoola JSC
  • John Inyang Okoro JSC
  • Chima Centus Nweze JSC
  • Amina Adamu Augie JSC

Parties:

Appellants:

  • Tony Chibueze Okolonwamu
  • Arthur Okolonwamu
  • Uche Okolonwamu
  • Ifema Okolonwamu
  • Ofili Okolonwamu
  • Nwabuiike Okolonwamu
  • Nonso Okolonwamu
  • Okwudili Godfrey Odua
  • Anthony Ikediashi
  • Theophilus Okolonwamu

Respondents:

  • Mrs. Theresa Nkem Okolonwamu
  • Ngozi Rosemary Okwuasaba
  • Probate Registrar
Suit number: SC.354/2014

Background

This case concerns an appeal regarding the validity of a Will made by the late Tony Nokwai Okolonwamu. The appellants, who claimed to be his sons, challenged the Will which favored the 1st to 10th respondents, asserting that it was not properly executed and violated the relevant statutory and customary laws regarding inheritance.

Issues

The principal issues for determination included:

  1. Whether the appeal was competent in the absence of necessary leave.
  2. The validity of the Will under customary law.
  3. The implications of not calling the witnesses to the Will during the trial.

Ratio Decidendi

The Court established that when an appeal involves questions of fact or mixed law and fact, it is imperative to obtain leave from the Court of Appeal or the Supreme Court to maintain jurisdiction. Failure to do so renders an appeal incompetent, and in this case, the appellants did not adhere to this requirement.

Court Findings

The Supreme Court found that all eight grounds of appeal raised by the appellants were centered on factual issues rather than questions of law. Consequently, since no leave was sought or obtained as required under Section 233(3) of the Constitution, the appeal was struck out, leading to the affirmation of the decisions of the lower courts regarding the validity of the Will.

Conclusion

The high court had initially dismissed the appellants' claims and upheld the validity of the Will. The Court of Appeal dismissed the appeal, which was further challenged at the Supreme Court, leading to this ruling. The Supreme Court emphasized the procedural prerequisites for appeals involving questions of fact or mixed law and fact.

Significance

This ruling is significant as it highlights the critical need for appellants to comply with procedural rules regarding appeals involving factual questions, particularly in matters concerning customary law and wills in Nigeria. The ruling clarifies the standing of customary law in inheritance disputes while reinforcing the requirement for proper leave when seeking appellate review on issues of mixed law and fact.