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GEORGE OKECHUKWU ENWEZOR V. WITHECH INDUSTRIES LIMITED & ORS

(2008) JELR 46840 (CA)

Court of Appeal  •  CA/E/215/2005  •  3 Jun 2008  •  Nigeria

Coram
MOHAMMED LADAN TSAMIYA JCA; OLUKAYODE ARIWOOLA JCA; SIDI DAUDA BAGE JCA;

Appearances
C. Okwuonu (Miss), Esq For Appellant P.U.P. Onuorah EsqHope Ogugua OzorEmeka Nweite Esq For Respondent

Judgement

MOHAMMED LADAN TSAMIYA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the ruling of Anambra State High Court sitting in Onitsha Judicial Division, delivered on 29/9/2005. Proceedings culminating in this appeal commenced with suit No. 0/623/2004 filed in Anambra State High Court (here in this judgment referred to as the trial Court) on 30/11/2004 whereby the plaintiff therein sought against the defendant, reliefs adumbrated in paragraph 18 of the statement of claim to the following effect:

"18. WHEREFORE the plaintiff claims as follows:

(a) A declaration that the purported Deed of Assignment executed between the 1st and 2nd defendants with respect to No.12 D Bright Street, Onitsha is null and void and of no effect.

(b) Possession of the said ground floor and 1st floor of No.12D Bright Street, Onitsha.

(c) An order Compelling the 3rd - 9th defendants and all the tenants in the premises to pay rent to the Plaintiff from 30th October 2004.

(d) N16 Million Naira damage…

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