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AFO AKOBI v. CHUKWUKA OSADEBE

(2014) JELR 33462 (CA)

Court of Appeal  •  CA/C/195/2009  •  10 Mar 2014  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; UZO I. NDUKWE-ANYANWU JCA; CHIMA CENTUS NWEZE JCA;

Judgement

CHIMA CENTUS NWEZE, J.C.A. (Delivering the Leading Judgment): The original plaintiff, one Andrew Odah, (now deceased), for himself and on behalf of members of Akobi Odah's family, took out an action at the High Court of Cross River State, Ogoja Judicial Division, against the respondent herein (as defendant). He claimed the following reliefs:

(a) A Declaration that the plaintiff is the heir at law to Akobi Odah, deceased;

(b) A Declaration that the plaintiff is entitled to take over and/or manage the property situate at No 20 New Market Road, Okuku, Ogoja;

(c) A Declaration that the purported sale of the said property is fraudulent, null and void, the same not having been approved by the principal members of the family.

He, also, claimed mesne profit and general damages. By order of court, Akobi Odah was substituted for Andrew Odah, upon the latter's demise.

Pleadings were, duly, settled, filed and exchanged. Subsequently, the matter went on trial before the court (hereinafter, simpl…

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