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CHIEF SOLOMON OBIOHA & ORS v. MRS. IFY OBIOHA

(2016) JELR 37158 (CA)

Court of Appeal  •  CA/OW/359/2010  •  15 Jan 2016  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA; FREDERICK O. OHO JCA;

Judgement

FREDERICK O. OHO, J.C.A. (Delivering the Leading Judgment): In the High Court of Imo State of Nigeria Holden at Orlu Judicial Division, Judgment was delivered on the 21-6-2010 in suit No. HOR/149/2008 in favour of the Plaintiff/Respondent when learned trial Judge granted the Claims of the Plaintiff and awarded in her favour the right to take control and manage her deceased husband'??s estate to be included in a letter of administration to which Court declared she was qualified to apply for. The Court also ordered the 2nd Defendant to render an account of all rents collected and proceeds from D85 Head Bridge to the Claimant and her Children and a restraining Order against the Defendants, their agents, servants etc. from interfering, confiscating, controlling or laying claims over any property that constituted the estate of the claimants deceased Husband. The Respondent as Plaintiff commenced this suit by writ of summons filed on the 20-8-2008 and by a Statement of claim dated 28-1-2009…

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