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ALLOYSIUS EGEMOLE V. OSITA OGUEKWE & ORS.

(2008) JELR 33464 (CA)

Court of Appeal  •  CA/E/143/2006  •  24 Jan 2008  •  Nigeria

Coram
ISTIFANUS THOMAS JCA; MOHAMMED LADAN-TSAMIYA JCA; SOTONYE DENTON-WEST JCA;

Judgement

ISTIFANUS THOMAS, J.C.A (Delivering the Leading Judgment): The appeal is undoubtedly against the consent judgment of the 1st and 2nd present respondents who, were the plaintiffs at the lower court and the 3rd present respondent was also the defendant at the lower court The consent judgment was made by C.E, Iyizoba [J] on 10th May 2004,

The further brief fact of the case is that, the suit was commenced by the late father of the 1st and 2nd respondents, It was specifically filed against the 3rd respondent being a Local Government with power to allocate ownership and possession of stall No, E2/1 Main Market Onitsha in Anambra State, The claim was for a declaration that, the Local Government of Onitsha North, was not entitled to revoke the allocation of the said stall and therefore they asked for an injunction to restrain aforesaid Local Government, Onitsha North. On the demise of the late father, the present 1st and 2nd respondents were allowed, and they substituted the name of their fat…

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