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AUGUSTUSA. NDUKAUBA (Substituted by LAZARUS I. NDUKAUBA) v. CHIEF SILAS M. KOLOMO & ANOR

(2000) JELR 43938 (CA)

Court of Appeal  •  CA/PH/119/95  •  23 Mar 2000  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; IGNATIUS CHUKWUDI PATS-ACHOLONU JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

OGEBE, J.C.A. (Delivering the Leading Judgment): The appellant sued the respondent in the High Court of Rivers State claiming for a declaration that he was the person entitled to the possession, control, management and enjoyment of property known as Plot 138, Borikiri layout (8 Etche Street) Port Harcourt until the proper determination of the lease which is the year 2060, perpetual injunction and other ancillary claims. Pleadings were exchanged and the appellant gave evidence on his behalf. In his evidence, he stated that the disputed property was leased to one Joseph Ezeakunne by the Government of the defunct Eastern Nigeria. As the property is in Port Harcourt, it was deemed granted by Rivers State Government. The lease for 99 years commencing 1st Jan., 1962 is Exh. A. Joseph Ezeakunne subsequently granted a power of attorney Ex. B to his father to manage the property. The father built a house of 16 rooms and managed the property until Nigerian civil war when the family ran away. Af…

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