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MR. HENRY OGBOMO v. MR. TOSAYE OGBOMO & ANOR

(2014) JELR 42365 (CA)

Court of Appeal  •  CA/B/128/2011  •  19 Mar 2014  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; TOM SHAIBU YAKUBU JCA;

Judgement

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The present appeal is against the Judgment of the High Court of Justice, Edo State, holden at Benin City, which was delivered on November 30, 2010 in Suit No. B/294/2004. By the said Judgment, the lower court, coram A.N. Erhabor, J., entered judgment in favour of the Respondents (Plaintiffs) and dismissed the Appellant's (Defendant's) counter-claim. Being dissatisfied with the said Judgment, the Appellant appealed to this court upon a notice of appeal dated and filed on 14/01/11.

BACKGROUND FACTS

On 28/7/06, the Respondents instituted the said suit vide a Writ of Summons, in the court below seeking declaratory and injunctive reliefs against the Appellant and one Mr. Isaac Ekhator. By paragraph 23 of the (3rd Joint) Amended Statement of Claim thereof, the Respondents claimed against the Appellant and the said Mr. Ekhator, the following reliefs:

23. -

(a) A Declaration that the Plaintiffs are the persons entitled t…

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