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MR. JOSEPH U. MATAHOR & ANOR v. MR. FRANCIS N. IBARAKUNYE

(2017) JELR 37473 (CA)

Court of Appeal  •  CA/B/231/2015  •  3 Nov 2017  •  Nigeria

Coram
PHILOMENA MBUA EKPE JCA; MOORE ASEIMO ABRAHAM ADUMEIN JCA; MUDASHIRU NASIRU ONIYANGI JCA;

Judgement

MUDASHIRU NASIRU ONIYANGI, J.C.A. (Delivering the Leading Judgment): At the High Court of Justice, Udu Judicial Division of Delta State, the Respondent as Plaintiff vide a writ of summons dated and filed on the 23rd day of April, 2010 sought for the following reliefs against the Appellants who are defendants:

(1) A declaration that the claimant is the bona fide owner of the piece or parcel of land known as plot 70 at Oviemu Torgwe Matahor layout, Orhuwhorun Udu Local Government Area of Delta State well known to all the parties the said land having been validly sold to the claimant by the defendants.

(2) An order of specific performance on the 1st defendant to execute and hand over the deed of conveyance together with the survey plans in respect of the land to the claimant.

(3) An order of injunction restraining the defendants, their servants and/or agents from conveying the said plot of land to any other prospective buyer/purchaser pending the determination of the substantive suit.

(4) A …

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