DR. FELIX NWANZE OBI V. STEPHEN YOUNG OBI & ANOR
(2004) JELR 44994 (CA)
Court of Appeal
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CA/B/123/97
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30 Jan 2004
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Nigeria
Coram
RABID DANLAMI MUHAMMAD JCA;
KUMAI BAYANG AKAAHS JCA;
AMINA ADAMU AUGIE JCA;
Appearances
Dr. Felix Nwanze Obi For Appellant
W. O. Ezeanwu, Esq. For Respondent
Judgement
<p>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.</p><p> The plaintiff, by paragraph 24 of his statement of claim is claiming for the following:</p><p> "Whereof the plaintiff claims as follows:</p><p> 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.</p><p> 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.</p><p> 3. An order of court that the 2nd defendant shares the land in accordance with Asaba custom.</p><p> 4. An order of court that the 3rd defendant renders account of all monies received from the structure erected on the land.</p><p> 5. An order of court that the 3rd defendant remove…</p>