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BASIL E. N. OFOLE V. DR SAMUEL E. N. OFOLE & ORS

(2016) JELR 47222 (CA)

Court of Appeal  •  CA/E/72/1999  •  16 Aug 2016  •  Nigeria

Coram
TOM SHAIBU YAKUBU JCA; EMMANUEL AKOMAYE AGIM JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On the 21 - 10 - 1982, the appellant herein with one Gabriel N. Ofole, as plaintiffs, filed a claim and caused a writ of summons to issue on the same date commencing suit No 0/378/82 in the High Court of Anambra State at Onitsha against the respondents herein as defendants claiming for -

(i) A declaration that the 1st plaintiff as the Okpala of Late Johnson Ofole is entitled to call in all the properties of Late Johnson Ofole to be distributed amongst his children in accordance with the customary law of Eziowelle.

(ii) An order of the Court for the partition and distribution of all the properties of late Johnsons Ofole amongst his sons in according to Eziowelle customary law.

(iii) N500,000.00 or No. 19 Francis Street, Onitsha to be given to the 2nd plaintiff as compensation for the huge sums of money which he spent in renovating and rehabilitating the properties and maintaining them especially after the damages to properti…

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