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MR. E. I. IJEWERE v. MR. AUGUSTUS ERIBO

(2014) JELR 36569 (CA)

Court of Appeal  •  CA/L/515/1999  •  10 Jul 2014  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; CHINWE EUGENIA IYIZOBA JCA; ABIMBOLA O. OBASEKI-ADEJUMO JCA;

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): The Respondent herein as Plaintiff instituted suit no. HIGU/12/97 in the High Court of Edo State holden at Iguobazuwa against a company, Majekodunmi Ventures Ltd: as 1st Defendant and the appellant herein as 2nd defendant claiming as follows:

"1. An order of this Honourable court setting aside the Deed of sublease dated 6/9/93 made between Mr. Crosby Osadolor Eribo (Attorney of the Administratrix and Administrator of the Estate of Late Chief E.E. Eribo) of the one part and 1st Defendant of the other part and registered as instrument No 25 in volume 839 of the Land Registry in the office at Benin City for:-

a) Breach of terms of the Deed of sublease by the 1st Defendant and/or

b) Frustration of the intervening act of insolvency of 1st Defendant and appointment of 2nd defendant as manager/Receiver in respect of the 1st defendant

2. An order that the 1st defendant return to the plaintiff documents of title handed over to t…

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