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EMEKA AGUOCHA v. EZENWA AGUOCHA

(2004) JELR 36104 (CA)

Court of Appeal  •  CA/K/19/2002  •  13 Jul 2004  •  Nigeria

Coram
ISA AYO SALAMI JCA BABA ALKALI BA’ABA JCA ABUBAKAR ABDULKADIR JEGA JCA

Judgement


SALAMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Kaduna State High Court of Justice, delivered by Makeri, J., granting all the reliefs respondent claimed and dismissing the appellant's counter-claim.

The plaintiff's claim endorsed on the writ of summons he caused to be issued against Ochi Aguocha reads as follows-

"1. A declaration that the deed of discharge dated 19/6/86 and drawn up by Mrs. Eunice E. Aguocha, the legally appointed trustee and executrix of the said Will, sharing and distributing the properties of late Mr. Victor Ihueze Aguocha to the beneficiaries in accordance with the provisions of the said Will is effective and that same took effect on the 19th day of June, 1986.
2. A declaration that the ownership of the developed piece of land at Plot G.17 Argungu Road, Kaduna, vests in the plaintiff as stated in the said deed of discharge.
3. An injunction restraining the defendant by himself, his agents/servants or privies, whomsoever…

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