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AUGUSTA CHIME & ORS v. MOSES CHIME & ORS

(2001) JELR 14056 (SC)

Supreme Court  •  SC.179/1995  •  26 Jan 2001  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; SYLVESTER UMARU ONU JSC; ANTHONY IKECHUKWU IGUH JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC;

Judgement

WALI, JSC (Delivering the Leading Judgment). The facts involved in this case are not seriously in dispute.

The 1st plaintiff is the wife of the 2nd plaintiff and an in-law to the 4th defendant. She sued the 1st, 2nd and 3rd defendants in the Enugu High Court of the then Anambra State claiming for the following reliefs as contained in paragraph 17 of her statement of claim:

"WHEREFORE the plaintiff claims against the defendants jointly and severally as follows:-

(i) A declaration that the Power of Attorney dated the 13th day of July, 1990 and registered as No. 64 at page 64 in Volume 1299 of the Lands Registry, Enugu, was not given by the 4th defendant.

(ii) A declaration that the Notice to Quit No. RP/1998/90 dated 24th July, 1990 and given by the 2nd defendant to the plaintiff in respect of the property plaintiff lawfully occupies at No. 22 Moorehouse Street, Ogui, Enugu is invalid, null and void and of no effect.

(iii) A declaration that the purported Conveyance/ Assignment between …

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