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ELDER ANDREW A. GEORGE & ORS V. H.R.H. EZE JACOB ABRAHAM & ORS

(2017) JELR 37702 (CA)

Court of Appeal  •  CA/PH/573/2013  •  10 Feb 2017  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JAMES SHEHU ABIRIYI JCA; SAIDU TANKO HUSAINI JCA;

Judgement

OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Rivers State sitting in Omoku Judicial Division (hereinafter called the trial Court) delivered in Suit No: OHC/20/2012 on 20th June, 2013.

The background facts of this matter are that, the 1st set of Respondents herein took a writ of summons as Claimants against the Appellants herein as 1st to 5th Defendants and the 2nd set of Respondents herein as 6th Defendant and claimed as follows (unedited):

a. A declaration that the Claimants as an independent and autonomous family is entitled to 25% (one-quarter) share of all the properties and assets owned by Azaga the fore father of the Claimants, the 1st- 5th Defendants and the Umu-Azaga family of Ogbogu town.

b. An order of the Court compelling the 6th Defendant to recognize, treat, accord and give the Claimants all their rights, benefits, privileges, entitlements, etc as one of the independent and autonomous families…

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