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MRS ROSE OBIEKWE v. MRS ESTHER UGO & ANOR

(2017) JELR 37611 (CA)

Court of Appeal  •  CA/E/384/2008  •  31 Mar 2017  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA RITA NOSAKHARE PEMU JCA MISITURA OMODERE BOLAJI-YUSUFF JCA

Judgement

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Enugu delivered on the 7th of March 1995 by M. Edozie J. in consolidated suits Nos E/125/72, E/144/71 and E/44/85, whereby the lower Court held that the plaintiffs (Appellants in this Appeal) lacked the locus standi to institute the action against the defendants (Respondents in this Appeal) on the ground that they failed to prove that they are beneficiaries of the estate of late C. S. O. Obiekwe.

SYNOPSIS OF FACTS

In suit NO. E/125/72, the Appellant instituted an action against the Respondents and in suit No E/141/71 one Mgborie Obiekwe, mother of Christopher Sunday Okafor Obiekwe (Deceased) sued some two defendants in respect of the same property. Because the two suit claim the same property and the facts were the same.

Pursuant to an order of retrial by the Supreme Court, the plaintiff filed an amended statement of claim on the 31st of July 1989, but filed on the 1st…

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