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DR. OKERE NICHOLAS IRAGUNIMA & ANOR V. BEAUTY IGAH & ORS

(2010) JELR 47801 (CA)

Court of Appeal  •  CA/PH/293/2001  •  30 Jun 2010  •  Nigeria

Coram
ISTIFANUS THOMAS JCA; TIJJANI ABDULLAHI JCA; EJEMBI EKO JCA;

Judgement

EJEMBI EKO, J.C.A (Delivering the Leading Judgment): The appeal is against the ruling of Hon. Justice E.N. Ichoku, then the Chief Judge of Rivers state High court, delivered on 13th February, 2000. The Appellants were the plaintiffs while the Respondents were the Defendants at the lower court. By a Deed of Assignment registered as No 83 at page 83 in volume 318, one Mercy A. Ogubie assigned her interest in the property at No 71 Bonny street, otherwise known as Block 'D' Port Harcourt to Madam Elizabeth E. Igah, the mother of the then 1st Defendant, now 1st Respondent and the 1st plaintiff now 1st Appellant. The said Madam Elizabeth Igah, a business woman in Port Harcourt, took steps on 23rd May, 1972, to assign her interest in the property in dispute to the 1st Respondent her son. The aforesaid Deed of Assignment was later registered as No 11 at page 11 in volume 219 in the Lands Registry, Port Harcourt in 1995. The said Madam Elizabeth Igah, the mother of 1st Appellant and 1st Respon…

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