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JELR 36686 (CA)

Court of Appeal  •   •  Nigeria



IGNATIUS IGWE AGUBE, JCA (Delivering the Leading Judgment): This is an Appeal against the Judgment of the Honourable U. Nri-Ezedi, J then sitting at the Nnewi Division of Anambra State High Court which judgment was delivered on the 10th day of June, 1999 dismissing the Plaintiff (now Appellants) suit in its entirety. The Plaintiff then had by his Writ of summons and Statement of Claim sought for the following reliefs jointly and severally as against the Defendants (now Respondents) as follows:-

"(a). A declaration that the 2nd Defendant is not a member or wife to Ojukwu Family of Okpuno, Ebenato Uruagu Nnewi.

"(b). A declaration that the 2nd Defendant is lawfully married to the 1st defendant according to Native Law and Custom.

"(c). An order of forfeiture against the Defendants to cease forthwith from further use or occupation of any property of late Christopher Ejinkonye Ojukwu.

"(d). A declaration that the four children conceived by the 2nd Defendant and latter ones are not the post…

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