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CHIDOZIE MALACHY NWAKA, ESQ. V. MRS. FUNMILAYO IGHARORO

(2026) JELR 115042 (CA)

Court of Appeal  •  CA/PH/644/2017  •  22 Apr 2026  •  Nigeria

Coram
Frederick Oziakpono Oho, JCA, Abdul-Azeez Waziri, JCA, Binta Fatima Zubairu, JCA

Appearances
C.M. Nwaka, Esq. For Appellant(s) Blessing Z. D. Okpan-Omo, Esq. For Respondent(s)

Judgement

ABDUL-AZEEZ WAZIRI, J.C.A. (Delivering the Lead Judgment): The instant appeal is against the judgment of the High Court of Rivers State, sitting at Port Harcourt, delivered on the 17th day of December, 2015, Coram Hon. Justice M. O. Opara. The said judgment is located at pages 170 to 190 of the records of appeal.

BRIEF FACTS

The action was commenced at the High Court of Rivers State, Port Harcourt Division, between the Claimant, a legal practitioner, and the Defendant, a trader who owned a shop at No. 49 Estate Road/Post Office premises, Woji, Port Harcourt where she sold imported goods, including leather chairs. The suit was initiated by a Writ of Summons filed on 8th March 2013, in which the Claimant sought:

a) A declaration that the claimant is the owner of the set of 2 nos 3-seater leather chairs, the subject matter of this action, by virtue of purchase from the defendant.

b) Special damages of ₦1,800,000 against the defendant (including the current value of the said chairs).

c) Genera…

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