LOUIS B. EZEKIEL HART V. CHIEF GEORGE I. EZEKIEL HART

WALI, JSC (Delivering the Leading Judgment): The present respondent Chief G. I. Ezekiel Hart who was the plaintiff in the trial court sued James E. P. Hart in the High Court of Rivers State of Nigeria in the Portharcourt Judicial Division claiming as follows-

"PARTICULARS OF CLAIM"

1. A declaration that he is entitled to the possession or custody and control of all property real and personal of the said Chief Ezekiel Hart (deceased).

2. Delivery up to the plaintiff by the defendant of:-

(a) the keys of the family house at Bonny and of the family house at Creek Road, Portharcourt, together with the family property in the said houses contained, which keys and property together with inventory were handed over by the plaintiff to the defendant for safe custody on or about 5th January, 1975, following the death of Chief Benoni Ezekiel Hart.

(b) Deed box containing deeds, indentures or instruments in respect of 41 Creek Road, Portharcourt aforesaid, and of the family lands situated at Obig…