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VICTOR EMUIVIE I. OBASEKI & ORS V. PRINCE TERRY UKHUEGBE

(2010) JELR 47684 (CA)

Court of Appeal  •  CA/B/104/2004  •  16 Dec 2010  •  Nigeria

Coram
AMIRU SANUSI JCA; GEORGE OLADEINDE SHOREMI JCA; OYEBISI FOLAYEMI OMOLEYE JCA;

Appearances
K.S. Okeaya-Inneh SAN with D.O. Aziegbe Esq. For Appellant J.O. Aghimien SAN with P.I Oiwoh Esq. and Mrs. F.O. Ozhehenhen Esq For Respondent

Judgement

GEORGE OLADEINDE SHOREMI J.C.A (Delivering the Leading Judgment): By its Statement of Claim in Suit No. B/133/2000 the Respondent in this case claimed against the Appellants (then defendants) as follows:

WHEREOF the Plaintiff claims against the Defendant jointly and severally as follows:-

(a) A declaration for possessory title in favour of the Plaintiff to ALL that property known as No. 83 (now 89) Akpakpava Street, Benin City, more particularly delineated in survey plan No. ISO/BD/1451/89 and redefined in plan No. ISO/ED/1050/93 by reason of the existing sale Agreement between the parties and that the plaintiff is the person entitled to the grant of statutory Rights of Occupancy thereto.

(b) An order that any purported sale, Transfer, or alienation of any title or interest in the property to any person other than the Plaintiff is null and void and of no effect and purpose.

(c) An order for specific performance of the Agreement to sell or formally convey the property known as No. 83

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