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DR. I.O.C. ABARA V. NWAEZE IGBO (Alias PRINCE OKWOR)

(2013) JELR 42181 (CA)

Court of Appeal  •  CA/E/79/2008  •  20 Jun 2013  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; ISAIAH OLUFEMI AKEJU JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

ISAIAH OLUFEMI AKEJU, J.C.A.: (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Ebonyi State holden at Abakaliki delivered on 26/11/03 in Suit No. HAB/26/96 which was commenced by the appellant through the Writ of summons filed on 21/3/96. The Statement of Claim filed on 30/4/97 was amended and by paragraph 25 of the Amended Statement of claim filed on 24/5/2000, the plaintiff had claimed as follows:-

(a) A declaration that the defendant had by the state/stage of the transaction in relation to Plot R.4 (the land in dispute) passed the equitable interest therein to the plaintiff.

(b) A decree of specific performance directing the defendant to procure the survey plan of the land in dispute and to complete and hand over to the plaintiff all vital documents relating to the land the subject - matter of this suit

(c) A decree of specific performance directing the defendant to follow up the documents relating to the subject matter of this suit from t…

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