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MR. JOSEPH CHUKWUEMEKA MOSINDI & ORS v. MR IFEANYI ACHUSI & ORS

(2014) JELR 36390 (CA)

Court of Appeal  •  CA/OW/317/2011  •  9 Jul 2014  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; PETER OLABISI IGE JCA; FREDERICK O. OHO JCA;

Judgement

PETER OLABISI IGE, J.C.A (Delivering the Leading Judgment): This is an appeal against the ruling of Honourable Justice O. A. Otisi (now JCA) of the High Court of Justice Abia State delivered on 8th day of March, 2011 dismissing the Suit of the Appellants.

The Appellants had by their writ of summons issued out of the said Court on 24th day of October, 2008 claimed against the Defendants as follows:

CLAIM

The Plaintiffs Claim against the Defendant: -

"1. A DECLARATION that all that parcel of land/bungalow House therein situate at No. 40 St. Michael's Road, Aba, Abia State, otherwise known as CHIBUZO CHAMBERS, is the bona-fide property of the Plaintiffs, bequeathed to them by their late father, PA ROBERT EMENEM MOSINDI of HOPE Rising Villa, Umuolo Street, Onicha-Ugbo, Aniocha North L.G.A. Delta State, who died Testate on 16/11/1964 at Ocha-Ugbo and who in his WILL of 1/11/1960 instructed inter alia, that the said free-hold house be sold and the proceeds accruing therefrom to be shared …

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