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GIPSREL INTER. CO. NIG. LTD. V. HENRY O. EYA & ANOR.

(2010) JELR 47787 (CA)

Court of Appeal  •  CA/PH/74/2006  •  12 Nov 2010  •  Nigeria

Coram
ABUBAKAR JEGA ABDUL-KADIR JCA; HELEN MORONKEJI OGUNWUMIJU JCA; MOJEED ADEKUNLE OWOADE JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Ruling): The present application for a stay of proceedings by the 1st defendant/appellant/applicant arose from the Ruling of N. C. Otti, J., delivered on 6/10/03.

Hitherto, by an originating summons dated 9th September, 2002, the plaintiffs (now respondents) approached the lower court against the present appellant/applicant as 1st defendant and others for the determination of the following questions:

"1. Whether the judgment of this Honourable Court (Coram D. E. Njiribeako J.) in Suit No. A/20/79 - Chief Abraham O. Eya and 2 Ors. v. Chief T. A. N. Obeta dated the 5th day of June, 1981 does not render any subsequent dealings in the property known as Plot 3 Block 66 otherwise known as No. 72 Hospital Road, Aba, by H. R. H. Igwe T. A. N. Obeta, A. E. Bright Future Motors (Nig.) Ltd. and Gipsrel Inter. Co. Nig. Ltd. invalid, null and void.

RELIEFS SOUGHT

1. A declaration that the following instruments executed by the parties hereinabo…

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