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ABUBAKAR ALIU ISU v. PA UNYINMWEN ABASA & ORS

(2017) JELR 38194 (CA)

Court of Appeal  •  CA/B/142/2013  •  7 Mar 2017  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; HAMMA AKAWU BARKA JCA; BOLOUKUROMO MOSES UGO JCA;

Judgement

BOLOUKUROMO MOSES UGO, J.C.A.(Delivering the Leading Judgment): This case is about the true ownership of the property known and called No 22 Mission Road (also known as No. 24 Mission Road), Benin City, a storey building of very few rooms. It is common ground that the said property belonged to Agbonzee Abasa, a Bini man of respondents Osewa family who died intestate in 1965. Agbonzee Abasa was the father of 3rd and 4th respondents. Third respondent was his eldest daughter while fourth respondent was his oldest male child, though younger than the 3rd respondent. First and second respondents were his relations and members of Osewa family.

The appellants late father, Alhaji Aliu Isu (a.k.a Ali Isu), who was the original 1st defendant, was a tenant of Late Agbonzee Abasa in the said property and continued that relationship with his children, the 3rd and 4th respondents, after the death of their father. Alhaji Aliu Isu died in the course of the proceedings in the lower Court after giving hi…

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