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G. B. ANIMASHAUN ALHAJI ATANDA EBINISI (FOR THEMSELVES AND AS ADMINISTRATORS OF THE LATE BADARU ANIMASHAUN) V. G.E.N. ONYEKWULUJE

(2005) JELR 53425 (CA)

Court of Appeal  •  CA/E/230/85  •  30 Nov 2005  •  Nigeria

Coram
SULEIMAN GALADIMA JCA (Presided and Read the Lead Judgment) OLUFUNLOLA O. ADEKEYE JCA JA’AFARU MIKA’ILU JCA

Judgement

GALADIMA JCA (Delivering the Lead Judgment): This is an appealagainst the decision of Nwokedi J, of the High Court of Onitsha, Anambra State, delivered in suit No. 0/21/81 on 12/12/85.

The suit was instituted at the lower court by the appellants herein, as the plaintiffs and as the children of late Badaru Animashaun. Their elder brother one Isiaka Badaru Animashaun who was head of the said Animashaun family had granted a deed of lease in 1975 to the defendant now respondent herein, in respect of property situate and known as No. 23 New Market Road Onitsha. Isiaka Badaru Animashaun died in 1976. On discovery of another secret lease deal between the plaintiffs’ brother (Isiaka

Animashaun) and the defendant, plaintiffs went to the defendant in 1977to protest the shady deal. Efforts to negotiate failed. Defendant continued to build on the disputed land despite quit notice served onhim by the plaintiffs. The plaintiffs therefore instituted the present suit against the defendant claimingas …

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