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MRS SCHOLASTICA ANIONWU & ORS. V. NNANYELUGO ONUORA ANIONWU & ANOR

(2009) JELR 46580 (CA)

Court of Appeal  •  CA/E/315/2007  •  27 Jan 2009  •  Nigeria

Coram
AMIRU SANUSI JCA; STANLEY SHENKO ALAGOA JCA; SIDI DAUDA BAGE JCA;

Judgement

AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of High Court of Justice, Anambra State ("the lower court" for short) delivered on 15th January, 2007 (Coram Amaechina J.). By an amended statement of claim which supersedes the Writ of Summons, the present appellants/cross-respondents as plaintiffs at the lower court, instituted an action against the present respondents/cross-appellants as defendants thereat, claiming against the defendants jointly and severally, the under-mentioned declaratory and injunctive reliefs as reproduced below:-

"a) A declaration that both by Onitsha Custom and English Law, the 1st defendant and late Ononenyi Sunday Anionwu can not marry Mrs. Nneka Udensi (Nee Okolonji) for late Ambassador Lawrence Odiatu Victor Anionwu who died on the 12th day of June 1980 and that the alleged marriage is null and void and of no effect whatsoever..

b) A declaration that it is repugnant to public policy, good conscience and natur…

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