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GODWIN NWAFOR MADUKA & ORS v. VICTOR ECHEZONA ANYADIEGWU

(2014) JELR 36414 (CA)

Court of Appeal  •  CA/E/178/2010  •  22 Aug 2014  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; EMMANUEL AKOMAYE AGIM JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment of the High Court, Anambra State, Idemili Judicial Division, sitting at Ogidi, hereinafter referred to as the lower court, in Suit No. HID/171/2006, delivered on the 30th day of May, 2008. In the decision of the said lower court, Hon. Justice J. I. Nweze, J. entered judgment in favour of the plaintiff who is hereinafter referred to as the respondent.

Briefly put, the facts of the case are that the respondent as plaintiff, initially commenced Suit No. CCOB/49/97 at the Customary Court, Oba, claiming declaration of title, damages for trespass and injunction against the 1st defendant alone. About two years after the said commencement of the suit, two other defendants applied to be joined in the suit and they were subsequently joined. The three defendants are hereinafter referred to as the appellants. By order of the Administrative Judge in charge of Idemili Judicial Division, dated …

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