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HANNAH K. AGUNDO V. MERCY N. GBERBO & ANOR

(1999) JELR 43610 (CA)

Court of Appeal  •  CA/J/48/97  •  29 Apr 1999  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA; ISA ABUBAKAR MANGAJI JCA;

Appearances
T. Kachina. Esq. For Appellant J. U. Nayaha. Esq. (Holding the brief of J. S. Okutepa, Esq.) - for the 1st RespondentMojidola Sule (Mrs). SSC - for the 2nd Respondent. For Respondent

Judgement

MANGAJI J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of A. O. Onum J. sitting in the High Court of Benue State dated 8th November, 1996 dismissing the appellant's claim in its entirety. The appellant as plaintiff took out a writ of summons dated 15th September, 1995 claiming the following reliefs:-

"5 WHEREOF the Plaintiff has suffered loss and damages and claims against the Defendant as follows:-

(a) A declaration of title over her plot No.BNB 1273 Logo No.1 Makurdi.

(b) Special and general damages of N100,000.00

(c) Cost of this action".

In accordance with the Rules of Court, pleadings were ordered, filed and exchanged between Appellant and 1st Defendant/Respondent. However, much later in the course of the proceedings, 1st Defendant/Respondent applied by notice of motion to have 2nd Defendant/Respondent joined as a party. The application was granted. The appellant/Plaintiff called 5 witnesses and gave evidence herself. 1st Defendant/Respondent als…

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