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CLETUS AGU CHIEKWEILO & ANOR. V. AUGUSTIN NWALI & ANOR.

(1998) JELR 36629 (CA)

Court of Appeal  •  CA/E/172/94  •  28 May 1998  •  Nigeria

Coram
JUSTIN THOMPSON AKPABIO JCA ISA AYO SALAMI JCA NIKI TOBI JCA

Judgement


AKPABIO, J.C.A. (Delivering the Leading Judgment): This is an appeal against an interlocutory ruling of Olike, J. of the High Court of Anambra State of Nigeria holden at Onitsha in suit No. 0/89/93 delivered on 6th July, 1993, wherein he dismissed the plaintiffs' application for interlocutory injunction brought against the defendants, with no order as to costs.

The claim of the plaintiffs in their substantive suit was worded as follows:

"The plaintiffs are the sons of late Innocent Chiekweilo who died intestate. The Late Innocent Chiekweilo before his death purchased a piece or parcel of land situate at No. 23 J. Nmaju Lane, Okpoko from Mr. Joseph Chiajunwa who conveyed the land for himself and on behalf of Umu Ezeobodo family of Umuota Village. Obosi by deed of conveyance dated 28th September, 1976. This deed of conveyance is hereby pleaded.
The first defendant resides in 391.K. Onuorah Street, Okpoko who has no interest whatsoever in the said landed property but fraudulently sold theā€¦

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