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ANAEBOM AGWU IHEJIRIKA v. PEACE UZOMA IHEJIRIKA & ORS

(2013) JELR 35432 (CA)

Court of Appeal  •  CA/PH/444/2008  •  7 Jun 2013  •  Nigeria

Coram
UWANI M. ABBA AJI JCA; JOHN INYANG OKORO JCA; PHILOMENA MBUA EKPE JCA;

Judgement

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of High Court, Umuahia delivered by A. U. Kalu J. on the 28th day of February 2008. The learned trial Judge found for the defendants and dismissed the plaintiff's case in its entirety.

Dissatisfied with the judgment, the Plaintiff now the Appellant has appealed to this court and raised 6 grounds of appeal. The Notice of Appeal is dated the 14th day of May 2008 at pages 210-214 of the record of appeal.

The facts that culminated in this appeal are as follows: The Appellant's father one AGWU IHEJIRIKA (deceased) in his lifetime married three wives and each wife had a male child, namely STEVEN IHEJIRIKA by his first wife, GABRIEL IHEJIRIKA by the second wife and ANAEBOM AGWU IHEJIRIKA the Appellant, by the 3rd wife. The son of the first wife STEVEN AGWU IHEJIRIKA (alias A. U. IHEJIRIKA) became the head of the IHEJIRIKA family after the death of their father, the patriarch, AGWU IHEJIRIKA. Th…

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