MR. BENJAMIN CHUKWUDI NWEKE & ANOR V. GABRIEL NWEKE

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On 15-11-1995 the respondent herein, as plaintiff filed a claim and caused the issuance of a writ of summons in the then Anambra (now Enugu) State High Court in the Enugu Judicial division at Enugu commencing suit No. E/639/95 against the appellants herein, as defendants. Both sides filed and exchanged pleadings, namely, amended statement of claim and amended statement of defence. In the amended statement of claim, the plaintiff claimed for:

(a) A declaration that his sale of the property situate at and known as Plot 6 Block 12 Achara Layout, Enugu and registered as No. 29 at page in volume 944 of the Lands Registry Enugu to one Michael Ngene by virtue of a loan agreement dated the 14th day of September, 1992, and entered into between him and the defendant is valid, effective and binding in law and equity.

(b) Perpetual injunction restraining the defendant, his agents, servants, privies or any person(s) whom he represen…