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V.E. EJIOGU & ORS v. EDWIN EJIOGU

(2016) JELR 36826 (CA)

Court of Appeal  •  CA/OW/105/2014  •  20 Jun 2016  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA;

Judgement

RAPHAEL CHIKWE AGBO, J.C.A.(Delivering the Leading Judgment): The appellants are defendants in Suit No.HOW/864/2008. In paragraph 10 of the Statement of Claim, the plaintiff had claimed of the defendants as follows:-

a. A declaration that the plaintiff is the person entitled to the property known as No.49 Njemanze Street and situate at No.49 Njemanze Street in Owerri Municipal L.G.A. Imo State.

b. An order of Court directing the defendants to render a full account of all rents collected by the Defendants in respect of the property known as and called No.49 Njemanze Street and situate at No.49 Njemanze Street Owerri from the 3rd day of March, 2006 till judgment is delivered.

c. An order of Court directing the defendants to pay to the plaintiff the sum of N1,480,000.00 (One Million, Four Hundred and Eighty Thousand Naira) being rent collected by the defendant from the plaintiffs? tenants at 49 Njemanze Street and an individual rent of 576,000.00 from January 2009 till judgment delivered.

d.…

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