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ALBERT EBENOGWU & ANOR V. O. O. ONYEMAOBIM

(2007) JELR 33372 (CA)

Court of Appeal  •  CA/J/96/2006  •  30 Nov 2007  •  Nigeria

Coram
ZAINAB ADAMU BULKACHUWA JCA; JAFARU MIKA'ILU JCA; ALFRED PEARSON EYEWUMI AWALA JCA;

Judgement

ZAINAB ADAMU BULKACHUWA, J.CA.: (Delivering the Leading Judgment): By a writ of summons and a statement of claim dated and filed on the 10/10/95, the respondent commenced this action initially against the 1st appellant alone before the Plateau State High Court. Later by an amended writ and statement of claim, the respondent was granted leave to join the estate of one 2nd Lt. Godwin Idoko as a defendant in the matter. Whereupon the respondent as the plaintiff claimed against the 2nd defendant now appellants the following reliefs:

(1) A declaration that the plaintiff is the lawful owner and landlord of that building and premises together with the appurtenances thereto lying and situate at V.39. Mallam Kure Street. Jenta (otherwise called V.39, Jenta New Layout) and that the plaintiff is entitled to lawful possession of and rent on the aforesaid building and premises (V.39, Mallam Kure Street, Jenta. Jos).

(2) A declaration that the plaintiff is entitled to possession of all that piece/…

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