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ANAYO AWAZIE V. ONYEBUCHI OKOROAFOR

(2015) JELR 38798 (CA)

Court of Appeal  •  CA/OW/209/2011  •  23 Nov 2015  •  Nigeria

Coram
ITA GEORGE MBABA JCA; PETER OLABISI IGE JCA; FREDERICK OZIAKPONO OHO JCA;

Appearances
Thelma N. Clement, Esq. For Appellant Emma E. Ukaegbu, Esq. For Respondent

Judgement

FREDERICK OZIAKPONO OHO, J.C.A.(Delivering the Leading Judgment): In Suit No: HU/273/2007, the Plaintiff??s Statement of Claim at paragraphs 12 (a), (b), (c), (d) and (e) was endorsed with the Plaintiff??s Claims as follows: ??The Plaintiff has suffered damage and loss as a result of the conduct of the Defendant, wherefore the Plaintiff claims against the Defendant as follows:

a. A Declaration that the plaintiff being the original purchaser, or having an investment in or being in any other way related to Mack Truck Vehicle No. XG 403 ABJ before the defendant rendered him financial assistance in respect of the vehicle has an interest in the said vehicle which the Court can protect.

b. A Declaration that the defendant cannot dispose of, repair, appropriate the vehicle to himself alone or in any other way tamper with the vehicle without the knowledge, consent, participation and concurrence of the Plaintiff.

c. An Order of Court mandating the defendant to return to the plaintiff, his two pas…

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