05/10/2024
In the Supreme Court of Nigeria
Holden at Abuja
On Friday, the 1st day of March, 2024
Before Their Lordships
John Inyang Okoro
Helen Moronkeji Ogunwumiju
Ibrahim Mohammed Musa Saulawa
Tijjani Abubakar
Emmanuel Akomaye Agim
SC/25/2015
Between
1. EYEI UDUAK USORO
2. NDIANAENIE UDUAK USORO
3. MBEBETMBAK UDUAK USORO
4. UBON UDUAK USORO
5. EDU UDUAK USORO
6. COMMISSIONER FOR LANDS AND TOWN APPELLANTS
PLANNING, AKWA IBOM STATE
And
1. EBUKIDIOK UDUAK USORO
2. NTEOWO UDUAK USORO
3. ENAMIDEM UDUAK USORO RESPONDENTS
(Lead Judgement delivered by Honourable Emmanuel Akomaye Agim, JSC)
Facts
Chief U.J.U. Usoro of Ikot Akpan Odung, Itak, Ikono Local Government Area of Akwa Ibom State of Nigeria died intestate in 2007 leaving behind 4 wives, 19 children and 4 major landed properties namely: (1) Itak Nursery and Primary School, (2) Palatial Guest House at Ikot Ubehe, (3) Mma Jenny Building and (4) Agrifeed Mill at Ikot Ubehe, Nug Dor Itak junction along Uyo – Ikot Ekpene Road. The 1st – 5th Appellant are his male children by his 2nd wife, while the Respondents are his male children by his 4th wife.
Sometime in 2012, the Akwa Ibom State Government embarked on the dualisation of Uyo-Ikot Ekpene Road, and the project affected the Agrifeed Mill. The property was earmarked for demolition. A dispute arose as to who as between the 1st – 5th Appellant and the Respondents was entitled to the Agrifeed Mill, and thus, entitled to receive compensation from the Akwa Ibom State Government for the proposed demolition. The Respondents subsequently discovered that, the 1st Appellant had been listed by the Consultant to the Akwa Ibom State Government as the person to be paid compensation. Further to this, the Respondents filed an action against the Appellants at the High Court of Akwa Ibom State.
The claim of the Respondents was that their father, while alive, had shared his properties amongst his children per wife, and had donated the Agrifeed Mill to the
