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CHIEF P. I. A. JIDEONWO & ORS. v. MRS. EUNICE CHUKWUMA

(2010) JELR 33228 (CA)

Court of Appeal  •  CA/B/177/2005  •  2 Mar 2010  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; OYEBISI FOLAYEMI OMOLEYE JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

AMINA ADAMU AUGIE, J.C.A.: (Delivering the Leading Judgment): The property at No. 26 Jarret Street, Cable-Point, Asaba, Delta State, has been subject of litigation in various Courts for a numbers of years. The property originally belonged to the Respondent's husband, Robert Obiefuna Chukwuma, a native of Asaba, who died intestate in 1967, during the Nigerian Civil war. After the war, his properties were partitioned to his children, and the said property at No. 26 Jarret Street, was given to the Respondent's children, Henry and Chineze Chukwuma. In 1977, Henry Chukwuma sold the property to the 1st Appellant. When the Respondent, who was living in the property, refused to give up possession, the 1st Appellant filed an action against both of them in Suit No.A/73/89, before Hon. Justice A. N. E. Gbemudu of the High Court, Asaba. In his Judgment delivered on the 28th of May, 1992, Gbemudu, J. dismissed his claims on the ground that the property had ceased to be family property and was the …

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