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MR. G. OKON & ANOR V. MR. SHAD B. OFFEIDEH

(2013) JELR 35667 (CA)

Court of Appeal  •  CA/PH/97/2008  •  13 Feb 2013  •  Nigeria

Coram
EJEMBI EKO JCA; C. E. NWOSU-IHEME JCA; MODUPE FASANMI JCA;

Judgement

EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of Rivers State High Court delivered on 17th May, 1999 in the suit No. PHC/517/93. The original notice of appeal has thee (3) grounds of appeal. The appellant, by leave of this court granted on 8th June, 2009 filed, on 11th June, 2009, five, five (5) additional grounds of appeal.

In the brief of argument, filed on 11th December, 2008 but deemed filed on 8th June, 2009, the appellant formulated Five (5) issues from the total of 8 grounds of appeal, including 3 original and 5 additional grounds of appeal. The issues at pages 3 of the Appellants Brief are as follows:

3.01 Was the Learned Trial Judge Right when she came to the conclusion that Plot 9 has no Access to it and was rendered useless without access.

3.02 In the light of the parties pleadings and evidence, was the Learned trial Judge right in holding that at some point plot 9 had an access which the fencing by Defendants have closed without …

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