MERRIMACK MARBLES NIGERIA LIMITED V. UBA E. OBASI & ANOR

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Abia State, Osisioma Judicial Division sitting at Osisioma (hereinafter referred to as the lower Court), delivered on the 7th day of December, 2006. The suit wherein this appeal emanated from was commenced by the plaintiffs/respondents (hereinafter referred to as the respondents) vide a writ of summons filed on the 1st day of February, 1984, wherein the respondents by their Further Amended Statement of Claim prayed for the grant of the following reliefs against the defendant/appellant (hereinafter referred to as the appellant):

(a) A DECLARATION that the Plaintiffs Certificate of Occupancy Registered as No. 53 at page 53 in Volume 35 formerly at the land Registry Office Owerri but now at Umuahia is still valid and operative in law.

(b) A DECLARATION that the Power of Attorney granted by the 2nd Plaintiff to the defendant in respect of the said industrial plot…