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DANIEL AWUDU & ANOR V. RAUTHA DANIEL & ANOR

(2004) JELR 45072 (CA)

Court of Appeal  •  CA/J/182/2000  •  30 Mar 2004  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JCA; AMIRU SANUSI JCA; IFEYINWA CECILIA NZEAKO JCA;

Judgement

NZEAKO, J.C.A. (Delivering the Leading Judgment): On the 2nd of December, 1999, Andetur, J., sitting at the High Court of Justice of Taraba State of Nigeria, Wukari Division, delivered judgment in favour of the plaintiffs in suit No. TRSW/2/99.

In the action, the plaintiffs/respondents by their amended writ of summons had sought the following reliefs against the defendants jointly and severally:-

(a) A declaration that the plaintiffs under the Jukun native law and custom to which they belong, the 1st defendant bound to provide shelter for the plaintiffs who are his legitimate children.

(b) A declaration that the plaintiffs as children to the 1st defendant are entitled as of right under Jukun (Kente) native law and customs to inherit the said property from their said father.

(c) A declaration that the purported sale of the one which the plaintiffs were born and brought up and still occupy as their father's compound is null and void and of no effect whatsoever for the reason contained…

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