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P. NWAIBE MENAKAYA (For himself and as head of the late Igwe J. C. Menakaya’s family and representing his estate) V. N. UGOKWE V. THOMAS M. EJIOFOR

(2006) JELR 57700 (CA)

Court of Appeal  •  CA/E/200/96  •  3 Apr 2006  •  Nigeria

Coram
RAPHAEL OLUFEMI ROWLAND JCA (Presided) SULEIMAN GALADIMA JCA (Read the Lead Judgment) JIMI OLUKAYODE BADA JCA

Judgement

GALADIMA JCA (Delivering the Lead Judgment): The respondent who was the plaintiff in the High Court of Anambra State Nigeria in the Enugu Judicial Division, claimed against the defendants now the appellants jointly and severally as follows: “1. Possession of the property with appurtenances situate at, known as and called plot No. 10 in block III or No. 22 College road, Ogui, New layout Enugu; 2. N20,000 (twenty thousand naira) compensation for use and occupation.” A Pleadings were ordered, filed and exchanged. At the hearing of the suit, each of the parties called witnesses to testify in support of their respective pleadings. A number of documents were tendered through the witnesses. After the address of counsel, in his judgment delivered on 24/3/ 94, learned trial Judge, found in favour of the plaintiff against the defendants jointly and severally. Defendants aggrieved by the decision of the lower court appealed to this court filingseven grounds of appeal to which they added five a…

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