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NZE EDOZIE OKAFOR & ANOR v. UGWUMBA UCHE OKAFOR & ANOR

(2016) JELR 36913 (CA)

Court of Appeal  •  CA/OW/319/2011  •  31 Mar 2016  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment):? This Appeal is against the Judgment of the Hon. Justice Onuoha A. K. Ogwe, then sitting at Umuahia Judicial Division of the High Court of the Justice of Abia State of Nigeria which Judgment was delivered on the 21st day of February, 2011 dismissing both the main claim of the Plaintiffs (now 1st set of Respondents) and the CounterClaim of the Defendants/Counter-Claimants (now Appellants).?

It would be recalled that the Plaintiffs in their Writ of Summons dated and filed on the 7th day of December, 2007 and the accompanying Statement of Claim dated and filed same date, sought for the following Reliefs against the Defendants jointly and severally:

a. A Declaration that Chief Nzedioranma Uche Okafor made no Will in? his life time and therefore died intestate.

b. A Declaration that having made no will, the Properties/Estate of Chief Nzedioranma Uche Okafor should be shared/devolved according to the Customs and tradition of Nkw…

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