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JUDE OGBONNA v. AGHAEGBUNAM EZEWUZIE

(2013) JELR 35355 (CA)

Court of Appeal  •  CA/B/316/2011  •  11 Dec 2013  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA; TOM SHAIBU YAKUBU JCA;

Judgement

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Delta State High Court of Justice, holden at Owa-Oyibu, which was delivered on 29th July, 2011.

The respondent had on 5th February, 2011 taken out a writ of summons against the appellant and claimed, to wit:

"a. A declaration that the claimant is a principal member of late Chief R.N.T Ezewuzie's family.

b. A declaration that the landed property situate at 226 old Lagos/Asaba Road, Agbor is the family property of the male children of Late Chief R.N.T. Ezewuzie.

c. A declaration that the purported sale of the said property to the defendant without the consent of the claimant is illegal, null and void.

d. An order setting aside the purported sale of the property to the defendant.

e. an order of perpetual injunction restraining the defendant, agents, servants, privies from entering or interfering with the said property."

The respondent filed his statement of claim contemporaneously with…

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