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SUNDAY OFOMA & ANOR v. ANTHONY IFEANYI OBINWE & ANOR

(2016) JELR 41827 (CA)

Court of Appeal  •  CA/E/481/2013  •  15 Jul 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; TOM SHAIBU YAKUBU JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): The appellants were the 5th and 6th defendants at the High Court of Justice, Anambra State, holden at Onitsha, in the suit No.0/257/2007. In the said suit, the respondents had claimed the following reliefs:

(a) A declaration that the sale by the 1st, 2nd, 3rd and 4th Defendants of the land in dispute to the 5th Defendant without the knowledge and consent of the Plaintiffs is void.

(b) An order of this Honourable Court setting aside the sale of the land in dispute by the 1st, 2nd, 3rd and 4th Defendants to the 5th Defendant.

(c) A declaration that the 5th Defendant lacked the capacity to sell the land in dispute to the 6th Defendant.

(d) An order setting aside the purported sale of the land in dispute by the 5th defendant to the 6th defendant.

(e) A declaration that, the reversionary interest of the Obinwe family in the land in dispute is still subsisting and shall become vested in the said family upon the expiration of the last l…

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