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INONGHA MFA & ANOR. V. MFA INONGHA

(2004) JELR 52395 (CA)

Court of Appeal  •  CA/C/25/2003  •  23 Nov 2004  •  Nigeria

Coram
DALHATU ADAMU JCA (Presided and Read the Lead Judgment) CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA ISTIFANUS THOMAS JCA

Appearances
Matthew Ojua Esq. - for the Appellants. -*- Joe Odey Agi Esq. - for the Respondent.

Judgement

ADAMU JCA (Delivering the Lead Judgment): The respondent herein as plaintiff at the lower court (High Court of Justice, Ikom) sued the appellants (as defendants) on 8/4/92 claiming the following reliefs:- “1. A declaration that he is the owner of and entitled to possession of the plot of land and house thereon, built by him lying, being and situate along I kom - Calabar Road, Ikom Local Government Area which said plot and building are now being A illegally and maliciously occupied and or claimed by the defendants.

A mandatory order compelling the defendants to hand over all relevant documents in relation to plaintiff’s plot and building aforesaid which were fraudulently obtained by the said defendants purportedly acting on behalf of the plaintiff and to, in addition, render account of all monies collected as rents on the house aforesaid by the said defendants for the past three (3) years (assessed at N36,000.00 - thirty-six thousand naira). A perpetual injunction restraining the defe…

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