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NZE EDWIN ABAZIE V.REGINALD NWACHUKWU & ANOR.

(2012) JELR 35145 (CA)

Court of Appeal  •  CA/PH/556/2007  •  27 Apr 2012  •  Nigeria

Coram
UWANI M. ABBA AJI JCA; MOJEED A. OWOADE JCA; HARUNA M. TSAMMANI JCA;

Appearances
K.C. Nwufo, Esq, For Appellant B.N. Onuoha, Esq, For Respondent

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision/ruling of O. ZIK IKEOROHA. J. delivered on 24th day of October, 2007. The Respondent as plaintiff before the lower court issued a Writ of Summons dated 12/5/2005 and claimed against the Defendant/Appellant as follows:

"1. The sum of Ten Million Naira as General Damage for wrongful detention of land documents of members of the said union since 1997 despite repeated demands.

2. Order of the court compelling the Defendant to surrender the said documents to the plaintiffs as representatives of members of Umunumuo Amairi Progressive Union, Aba duly elected as Chairman and Secretary respectively of the said Union.

3. ......................"

Pursuant to order of court on 15th day of June, 2006, the Respondent filed an Amended statement of claim dated 22/6/2006 in which the reliefs contained in the Writ of Summons were repeated in paragraph 14 of the said Amended Statement of Claim.

The Ap…

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