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MRS. BRIDGET MOTOH & ANOR v. EMMANUEL MOTOH

(2010) JELR 47407 (CA)

Court of Appeal  •  CA/E/388/2007  •  16 Dec 2010  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; MOHAMMED L. TSAMIYA JCA; ABDU ABOKI JCA;

Judgement

ABDU ABOKI, JCA (Delivering the Leading Judgment): This is an appeal against the decision of Umegbolu Nri-Ezedi J. of the High court of Anambra State sitting at Awka, delivered on 18th July, 2005.

The Respondent was the plaintiff at the lower court while the Appellants were substituted for the original defendant.

The dispute before the lower court relates to the estate of late Jeremiah Anagor Motoh who died intestate.

The brief facts of the case are as follows:-

The plaintiff claimed before the lower court that his mother Gloria Mgbogafor Motoh was married to Jeremiah Anagor Motoh as his second wife. The first wife was Mercy Nwojini Motoh (or Nwojinika or Ojinika), and had 6 daughters for the late Jeremiah Anagor Motoh. It was alleged that she had no male issue. The plaintiff's mother claimed that she has two children, the plaintiff and his sister Joy who survived the late Jeremiah Angor Motoh who died in 1962. The plaintiff alleged that he and his mother were excluded from the estat…

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