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JACOB IBE v. THEO OSELOKA ORANWUSI

(2014) JELR 42216 (CA)

Court of Appeal  •  CA/E/335/2008  •  12 Feb 2014  •  Nigeria

Coram
ABUBAKAR JEGA ABDUL-KADIR JCA; ADZIRA GANA MSHELIA JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

ABUBAKAR JEGA ABDUL-KADIR, J.C.A. (Delivering the Leading Judgment): This is an appeal brought against the judgment of HON. JUSTICE J. C. NWADI of the High Court of Anambra State sitting at Onitsha Judicial Division on 15th day of May, 2007.

The Plaintiff, herein referred to as the Respondent in Suit No.0/500/99 commenced an action against the Defendant, herein referred to as the Appellant vide Writ of Summons dated 26/7/99. In his Amended Statement of Claim dated 10/6/2001 and filed on 18/6/2001 before the trial court, the Respondent in a joint action with Mrs. F. U. Orawusi claimed against the Appellant as follows:-

"(a) A Declaration that the 1st Plaintiff is the owner of the premises known and called No.15 Emejulu Street, Onitsha.

(b) A Declaration that the purported lease of the said property by 1st Plaintiff's sisters to the Defendants was unauthorized, null and void.

(c) A Declaration that the 35 years the 1st Plaintiff conceded to the Defendants to stay on his premises has exp…

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