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CHUKWUMA IGBOZURUIKE & ANOR v. ISAAC ONUADOR

(2015) JELR 36714 (CA)

Court of Appeal  •  CA/PH/66/2008  •  31 Jul 2015  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA;

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Imo State High Court in Suit No. HOW/174/2001, delivered by Hon Justice C.I. Ohakwe on 15/7/2005, wherein the trial Court dismissed the case of the Plaintiff and entered Judgment for the Defendant in terms of his Counter-claim, as follows:

"The Defendant is entitled to his mother's share of the family building on the Plaintiff's agreement with the Defendant's mother, Awuchi and the custom of Owerri Nchi-lse which accepts a son born by Mgboto who returned to her maiden home and her bride price repaid. In the alternative:

(a) The Plaintiff is ordered to purchase land around Owerri and erect a building for the defendant to compensate for the house of his mother, Mgbala, knocked down by the Plaintiff upon which the family house was erected.

(b) The Plaintiff to pay N200,000.00 (Two Hundred Thousand Naira) as compensation to the Defendant for taking the grandmothers Mgbala given to the Def…

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