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MR. SUNDAY OKEGBE & ORS v. EJIGHE AKPOME & ORS

(2013) JELR 41336 (CA)

Court of Appeal  •  CA/B/413/2010  •  12 Dec 2013  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA;

Judgement

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.:(Delivering the Leading Judgment): This is an appeal against the judgment delivered on 19/5/2010 by the High Court of Justice, Delta State holden in the Oleh Judicial Division (hereafter simply referred to as "the lower court") presided over by Hon. Justice M. Umukoro (hereafter simply referred to as "the learned trial Judge").

The Appellants herein were Defendants before the lower court; while the Respondents instituted the instant case as Plaintiffs before the lower court and the said court in its judgment granted all the reliefs claimed by the Respondents against the Appellants.

The instant action was commenced by a Writ of Summons which issued on 6/4/2006. Pleadings were filed and exchanged by the parties and amended as considered appropriate. The pleadings of the parties upon which the case was tried before the lower court are the "Amended Statement of Claim" and "Reply to 1st - 7th Defendants (sic) Joint Statement of Defence" (hereafter simp…

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