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ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Abia State High court in Suit NO:HU/226/2007, delivered by Hon. Justice O.A.K. Ogwe on 23/9/2008, wherein the trial Court granted all the reliefs sought by the Plaintiffs (Respondents herein) and dismissed the Counter-claim. Appellant was the Defendant at the trial Court.
By Amended statement of claim filed on 3/6/08, the Respondents had claimed as follows against the Appellant:
"(A) A declaration that the Plaintiffs are bonafide beneficiaries of the Estate of their late father, Mr. Ene Akuma
(B) A declaration that transaction between the Plaintiffs late father and the Defendant was the issue of advance rent of N100,000.00 (One Hundred Thousand Naira) collected by the Plaintiffs' late father from the Defendant, of which the Plaintiffs' late father surrendered the title Documents of his property at No.1 Ubakala Street Umuahia to the Defendant as a security.
(C) A declaration that the Dā¦