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AUGUSTUS A. NDUKAUBA V. CHIEF SILAS M. KOLOMO & ANOR.

(2005) JELR 42101 (SC)

Supreme Court  •  SC.237/2000  •  14 Jan 2005  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; UMARU ATU KALGO JSC; GEORGE ADESOLA OGUNTADE JSC; SUNDAY AKINOLA AKINTAN JSC;

Judgement

OGUNTADE, J.S.C. (Delivering the Leading Judgment): This appeal is another reminder of the old abandoned property conundrum from Rivers State. Augustus A. Ndukauba, now deceased commenced an action in 1988 against the respondents in this appeal claiming for:

(i) A declaration that the plaintiff is the person entitled to the control, management and enjoyment of the property known as Plot 138, Gborokiri (Borokiri) Layout (8 Etche Street) Port Harcourt until the determination of the building lease in respect of the said plot.

(ii) A perpetual injunction restraining the defendants, their servants and/or agents from interfering with plaintiff's control, management and enjoyment of the said plot until the determination of the lease of the property.

In the course of proceedings before the Port Harcourt High Court of Rivers State, the plaintiff Augustus A. Ndukauba died and his son, the present appellant was substituted for him. The parties later filed, and exchanged pleadings after which th…

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