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MR. CHRISTOPHER E. J. ALLISON V. SMART CLEVER JOLLY J. ALLISON

(2015) JELR 53635 (CA)

Court of Appeal  •  CA/PH/716/2013  •  8 Jul 2015  •  Nigeria

Coram
EJEMBI EKO JCA (Presided and Read the Lead Judgment) THERESA NGOLIKA ORJI-ABADUA JCA BITRUS G. SANGA JCA

Judgement

EKO JCA (Delivering the Lead Judgment): On 20 December 2010, the Rivers State High Court delivered judgment in the suit No. PHC/7/2000 in which it dismissed entirely the suit of the appellant, as the plaintiff and partly granted the counterclaim of the respondents, as defendants. The plaintiff, aggrieved, lodged his appeal on 9 grounds of appeal against the said judgment.

The notice of appeal filed on 18 July 2013, was brought pursuant to the order of this court made on 8 July 2013.

The plaintiff’s suit was brought against the defendants on the basis of his being the only son of one Chief E. J. Allison (deceased). The plaintiff claimed that under Bonny (Igbani) customary law and on the basis of the Power of Attorney issued under the hand of the said Chief E. J. Allison, that he is the only person entitled to inherit, own and manage plot No. 70 King Dappah Pepple Road, Bonny. The plaintiff also sought a further declaration that the defendants have no legal right to possess or occupy th…

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