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ONYEBUCHI J. NWACHUKWU & ORS V. PASTOR GODWIN J. NWACHUKWU

(2016) JELR 40811 (CA)

Court of Appeal  •  CA/E/05/2013  •  19 May 2016  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; RITA NOSAKHARE PEMU JCA; EMMANUEL AKOMAYE AGIM JCA;

Appearances
Chimezie Ogenna Nwodo, Esq., holding the brief of Obi Anizoba, Esq. (JP) For Appellant Ejike Ezenwa, Esq. with him, F. C. Nkwuda, Esq. For Respondent

Judgement

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): Simply put, by Writ of Summons and Claim filed on the 3rd of June 2005, the Respondent (Plaintiff in the lower Court) with one Mrs. Bridget J. Nwachukwu who is now deceased in Paragraph 5 of the Claim, claim against the Appellants (Defendants in the lower Court) the following

1. An account of the rent collected from the said one and half room in the main building known as 5 Cole Street as well as the 5 other rooms belonging to the late Chukwueloka Jameson Nwachukwu.

2. An order of partition of the said rooms and land thereof property of the late Chukwueloka J. Nwachukwu between the Plaintiffs on one side and the defendants.

3. Perpetual injunction restraining the defendants, their servants, agents and privies from further collecting rent or exercising any act of ownership or right, inconsistent with the right of the plaintiff in respect of the said property. - Pages 1-3 of the Record of Appeal.

The above claim was amended vid…

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