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NIGERIAN DEPOSIT INSURANCE CORPORATION & ORS V. EZUNAKA BROTHERS ENTERPRISES LIMITED & ORS

(2017) JELR 37825 (CA)

Court of Appeal  •  CA/E/286/2009  •  10 May 2017  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; FATIMA OMORO AKINBAMI JCA; PAUL OBI ELECHI JCA;

Appearances
Onyechi Ononye, Esq. For Appellant G. E. Ezeuko, Esq. for 1st & 2nd Respondents For Respondent

Judgement

AHMAD OLAREWAJU BELGORE, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Anambra State High Court of Justice, Onitsha Judicial Division, contained in the Judgment of Honourable Justice F. C. Nwizu, delivered on the 3rd day of November, 2009 in Suit No. 0/755/1998. In the Suit before the High Court (Now The Trial Court), the Appellants herein were the initial defendants. The 1st Respondent herein was the Plaintiff.

In the course of the proceedings, the 2nd Respondent applied for the joinder of himself and also of the 3rd, 4th and 5th Respondents.

The 1st Respondents claim before the trial Court was as follows:-

a. A declaration that the Plaintiffs are the statutory occupiers and owners of No. 32 New Market Road Onitsha.

b. Perpetual injunction restraining the defendants, their servants, agents and or privies from selling or disposing off or in any way dealing with the Plaintiffs property known as and called No. 32 New Market Road Onitsha.

In their furthe…

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