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DR. FELIX NWANZE OBI v. STEPHEN YOUNG OBI & Anor

(2004) JELR 44994 (CA)

Court of Appeal  •  CA/B/123/97  •  30 Jan 2004  •  Nigeria

Coram
RABID DANLAMI MUHAMMAD JCA; KUMAI BAYANG AKAAHS JCA; AMINA ADAMU AUGIE JCA;

Judgement

R. D. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Odita, J., sitting at High Court No.2, Asaba, in the Asaba Judicial Division, delivered on 12th April, 1995 striking out the suit.

The plaintiff, by paragraph 24 of his statement of claim is claiming for the following:

"Whereof the plaintiff claims as follows:

1. A declaration that the plaintiff and his brothers by his mother Mrs Ashimedue Obi, are entitled to a share of one fourth (1/4) of the whole estate at No. 36, Onaje Road, Asaba, according to Asaba customs.

2. A declaration that the 1st and 3rd defendants' occupation of the land at No. 30, Onaje Road, Asaba to the exclusion of the plaintiff and his brothers is wrongful.

3. An order of court that the 2nd defendant shares the land in accordance with Asaba custom.

4. An order of court that the 3rd defendant renders account of all monies received from the structure erected on the land.

5. An order of court that the 3rd defendant removeā€¦

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