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DEINMA MANGIBO V. CHIEF J.I. OGUIDE & ANOR.

(2009) JELR 33632 (CA)

Court of Appeal  •  CA/PH/75/2000  •  31 Mar 2009  •  Nigeria

Coram
SULEIMAN GALADIMA JCA; MOHAMMED LAWAL GARBA JCA; TIJJANI ABDULLAHI JCA;

Judgement

SULEIMAN GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice F.N.N. ICHOKU C.J. delivered on the 5th day of March 1998 in favour of the plaintiff (1st Respondent herein in this appeal). 1st Respondent as plaintiff in the trial court has claimed against the Appellant and the 2nd Respondent herein jointly and severally as follows:

"17(i) A declaration that the plaintiff is the Lessee of the Leasehold properties situate at and known as No.4 and 4A, Bishop Johnson Lane, otherwise known as plots 2 and 9 Block 204, Bishop Johnson Layout, port Harcourt.

In the ALTERNATIVE: A declaration that the plaintiff is entitled to have the lease of the properties renewed in his favour. And an order of court that the lease be renewed in his favour and granted a certificate of occupancy.

(ii) A DECLARATION that the purported sale of the properties to 1st Defendant by the 2nd Defendant is null and void in that the plaintiffs rights interests in and o…

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