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CHIEF JACOB N. OBASI V. SLYVANUS O. EBENUGWU

(2014) JELR 42226 (CA)

Court of Appeal  •  CA/PH/127/2009  •  21 Feb 2014  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; PHILOMENA MBUA EKPE JCA; PETER OLABISI IGE JCA;

Appearances
C. C. Onyemuwa, Esq. For Appellant U. A. Emeagwara, Esq. For Respondent

Judgement

UWANI MUSA ABBA AJI (PJ), J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice Onuoha A. K. Ogwe of the High Court, Umuahia, Abia State in Suit No. HOM/110/2004 delivered on the 20th day of March, 2008.

The Respondent as Plaintiff's at the trial court filed an action seeking the following reliefs namely:

(a) A declaration that the Defendant's continued seizure and/or withholding of the Plaintiff's title Deed (registered as 14/14/90 at the land Registry Umuahia is wrongful.)

(b) An order of Court compelling the Defendant to accept from the Plaintiff the loan redemption sum of Twenty Four Thousand Naira (N24,000.00) and to return the said title deed to the Plaintiff.

(c) An Order of court compelling the Defendant to render unto Plaintiff an account of the rents he collected from the property No. 12 Afara Road, Omoba, with effect from December, 1999 and to pay over the same to the Plaintiff.

The facts of this case culminating into this app…

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