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JOHNSON IFEACHO & ANOR V. INLAND MEDICAL COMPANY (NIGERIA) LIMITED

(1999) JELR 48843 (CA)

Court of Appeal  •  CA/E/227/98  •  2 Nov 1999  •  Nigeria

Coram
NIKI TOBI JCA; SULE AREMU OLAGUNJU JCA; JOHN AFOLABI FABIYI JCA;

Judgement

FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Ernest-Egbuna, J. sitting at Awka High Court, Anambra State of Nigeria delivered on 19-2-98. The learned trial Judge, by the ruling, dismissed the application of the Appellants by which they prayed for an order allowing them to defend the suit and also prosecute their counter-claim "for themselves and on behalf of the Ifeacho and Nwadibie Family of Isiagu-Amikwo Village of Awka".

For a proper appreciation of the issues at stake in this appeal, it is apt to recapitulate albeit briefly, the background facts of the matter. The stand of the Respondent is that the Government of Anambra State issued a statutory certificate of occupancy over the contested parcel of land within an industrial layout in Awka environ to Inland Group of Companies (Nigeria) Limited. This company, in turn, granted the Respondent an irrevocable power of Attorney in respect of the said parcel of land subject of certificate of oc…

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