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NEBECHI NNAMDI v. PHILEMON NDULUE & ORS

(2017) JELR 37284 (CA)

Court of Appeal  •  CA/E/350/2012  •  7 Dec 2017  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): The Respondents as Plaintiffs commenced this action on the 8-10-2009 at the Anambra State High Court of Justice, sitting at Onitsha, Anambra State through an Originating Summons claiming the following reliefs:

1. A Declaration that by the provision of paragraph 4 of the agreement dated the 23rd day of April 2007 between the Plaintiffs and the Defendant, that the Plaintiffs are entitled to sell or, in any other manner, deal with the Defendant's market stall No. C6/14 Main Market, Onitsha for the purpose of recovering the loan of N236,000.00 given to the Defendant by the Plaintiffs.

2. An Order of the Court permitting the Plaintiffs to sell the said market stall and recover the loan.

3. N20,000.00 special and general damages against the Defendant, N100,000.00 as cost incurred by the Plaintiffs in briefing a lawyer for the demand letter and to prosecute this case.

4. An Order of injunction restraining the Defendant and/or his…

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