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MR. EMEKA OKAFOR v. MR. NNAMDI OKAFOR & ORS

(2017) JELR 37419 (CA)

Court of Appeal  •  CA/L/586A/2012  •  7 Dec 2017  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; TIJJANI ABUBAKAR JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is against part of the judgment of the High Court of Justice of Lagos State (the Court below) with respect to disputed landed property located at Chuka Ben Avenue Olodi Apapa Lagos and the one located at No. 4, Sadiku Street, Olodi Apapa whereby the Court below accepted the 1st - 2nd respondents case and rejected the counter-claim of the appellant that the property in question was jointly acquired and jointly owned by the appellant and the 1st - 2nd respondents as brothers.

The appellant argued the appeal in a brief filed on 27-11-12, but deemed as properly filed on 11-02-13, pursuant to the order of the Court given on 17-06-16 that the appeal be heard on the appellant's brief alone.

The appellant contended on the first issue for determination distilled from grounds 1 and 2 of the notice of appeal that whereas the relief claimed by the 1st - 2nd respondents in the statement of claim in page 6 of the record of a…

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