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HYGINUS OGUNEDE & ORS V. LUKE ANAJUBA & ORS

(2016) JELR 42278 (CA)

Court of Appeal  •  CA/E/121/2014  •  2 Dec 2016  •  Nigeria

Coram
JOSEPH TINE TUR JCA; RITA NOSAKHARE PEMU JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Appearances
O. J. Nnadi, SAN For Appellant Chief I. O. Ahize For Respondent

Judgement

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): The Suit, the subject matter of this Appeal was instituted by Writ of Summons filed on the 14th of February, 2005 in which the Respondents (plaintiffs in the lower Court) claimed against the Appellants (Defendants in the lower Court) some declaratory reliefs, forfeiture, recovery, and perpetual injunction Pages 1-4 of the Record of Appeal.

This Appeal is against the judgment of Hon. Justice J. I. NWEZE, delivered on the 2nd day of December 2013, at the High Court of Anambra State, Ihiala judicial Division, holden at Ihiala in suit No HIH/10/2005.

The plaintiffs (Respondents in this appeal) at the trial called 5 (five) witnesses and tendered five exhibits. The defendants (Appellants in this appeal) called 7 (seven) witnesses and tendered Exhibits D1, D2, D3 and D4.

After the trial, the learned trial judge found for the Respondents as per the claim.

The Appellants are dissatisfied with the decision of the Lower Court and have ap…

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