CHARLES CHIBUKO V. INNOCENT CHIBUKO & ANOR
(2018) JELR 39179 (CA)
Court of Appeal
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CA/OW/253/2015
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2 Feb 2018
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Nigeria
Coram
MASSOUD ABDULRAHMAN OREDOLA JCA;
ITA GEORGE MBABA JCA;
TUNDE OYEBANJI AWOTOYE JCA;
Appearances
Anthony Asikogu, Esq. For Appellant
Donatus N. Ikpeogu, Esq. For Respondent
Judgement
<p>TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the appellant against the decision of Abia State High Court in Suit No. A/38/2013. Innocent Chibuko and Anor. v. Mr. Charles Chibuko delivered on 22/12/2014.</p><p>The Notice of Appeal was filed on 23/12/2014.</p><p>By paragraph 26 of the Claimants Statement of claim, they claimed as follows:</p><p>WHEREOF the Claimant is damnified and claims from the Defendant as follows:</p><p>i. A declaration that the agreement as contained in the document captioned Memorandum of Understanding/Family Resolution signed by the parties in this Suit with respect to the estates of Late Chibuko N. David is valid and binding on the parties thereto.</p><p>ii. A declaration that the occupation and locking up the Claimants rooms and commercial stores at No. 136B Ngwa Road Aba by the Defendant is trespassory.</p><p>iii. An order on the Defendant to vacate and unlock the rooms and commercial stores forthwith.</p><p>iv. An order on the Defe…</p>