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BERNARD OKAFOR v. MADAM ENO CAROL EFFIONG

(2017) JELR 37808 (CA)

Court of Appeal  •  CA/L/454/2009  •  3 May 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; YARGATA BYENCHIT NIMPAR JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

YARGATA BYENCHIT NIMPAR, JCA (Delivering the Leading Judgment): The Respondent is an allottee of a house at the Federal Housing Estate, Festac Town, House No. 22, Road 21, 2nd Avenue, E Close and was living in the house with her family when she noticed that the title documents were missing. She reported to the Police and swore an affidavit on the missing documents and placed an advert in the Vanguard Newspaper. Subsequently, her daughter received a quit notice and the Appellant filed for recovery of premises at the Magistrate's Court from the Respondent's daughter acting as the agent of the Respondent. The Appellant got judgment despite the challenge by the Respondent and based on that, the Respondent was evicted from the property thus the action that led to this appeal. The Respondent by a writ of summons and Amended Statement of claim, claimed from the Appellant as follows:

"A declaration that the plaintiff is the bonafide owner of the property known as House 22, E close, 2nd Avenue,…

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