THOMAS ESORAE V. ANNA OSAYAWE OMOREGIE & ANOR
(2013) JELR 35994 (CA)
Court of Appeal
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CA/B/306/2005
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8 Mar 2013
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Nigeria
Coram
SIDI DAUDA BAGE JCA;
AYOBODE OLUJIMI LOKULO-SODIPE JCA;
TOM SHAIBU YAKUBU JCA;
Appearances
A. Osayomwanbor and B. O. OBOH (MISS) For Appellant
SYLVESTER OGBE For Respondent
Judgement
<p>SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Hon. Justice A. N. Ehigiamusoe sitting at the High Court of Edo State, at Ubiaja Judicial Division, delivered on the 26th day of February, 2003 in which the Appellant was the Respondent. The Hon. trial Judge took evidence for the Plaintiff (now 1st Respondent) and her witnesses and also took evidence from the 1st Defendant (now Appellant in this court) and his witness who also tendered several documents. He also took the addresses by counsel for the Plaintiff and 1st Defendant. Whereup he subsequently gave Judgment in favour of the Plaintiff at pages 117 to 137 of the record of appeal. Being dissatisfied with the Judgment of the trial court, the 1st Defendant appealed to this court vide the Notice of Appeal at pages 139 - 141 of the records.</p><p> The summary of the facts of this Case is as follows: </p><p> The 2nd Respondent had a building at No. 20 Emwanta Street, New Benin, Benin City which buil…</p>