Efemena Oghenejakpor

This is an appeal concerning a fraudulent conveyance claim.

The appellant sought to enforce a default judgment against properties held in the name of the respondent's deceased wife, alleging a beneficial interest and fraudulent conveyance.

The trial judge found no fraudulent conveyance of real property but concluded that the respondent had a beneficial interest in cash transferred to his wife, which was used for mortgage payments, attributing half of the unexplained funds ($217,000) to fraudulent conveyances based on an adverse inference.

The Court of Appeal allowed the appeal in part, finding the trial judge erred in attributing only 50% of the unexplained deposits to the respondent, as the adverse inference should have applied to the entire unexplained amount given the wife's failure to disclose sources.

The Court increased the amount of fraudulently conveyed cash to $434,000.

The appellant, Muhammad Jawaid, appealed a trial judgment in a mortgage action.

The appellant argued that he was not adequately informed about the scope of the trial, was denied procedural fairness, and that the trial judge's decision constituted a collateral attack on an earlier interlocutory order setting aside a default judgment.

The Court of Appeal dismissed the appeal, finding that the appellant was aware of the trial's scope, was not denied procedural fairness, and that an interlocutory order setting aside default judgment is not binding on a subsequent trial judge as it only determines procedure, not the rights of the parties.

The court found no error of fact or law in the trial judge's decision.