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ALOYCIOUS OKPE v. BLESSING UMUKORO

(2013) JELR 35469 (CA)

Court of Appeal  •  CA/B/224/2012  •  26 Nov 2013  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; TOM SHAIBU YAKUBU JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, JCA (Delivering the Leading Judgment): This is an appeal against the Ruling of the Delta State High Court delivered by Hon. Justice (Mrs.) U.E. Akperi on 17th of May, 2012. The facts that led to this appeal are as follows:

The Respondent was the claimant at the trial court who filed a writ of summons on which was endorsed a claim for declaration of title to a parcel, damages for trespass and an order of perpetual injunction. Parties filed pleadings and issues were joined by the parties. The matter went for pre trial conference and trial proper commenced on the 5th of October, 2011 with the Respondent as claimant opening his case. He sued through his attorney, one Madam Esther Umukoro. Madam Umukoro tendered the power of attorney in evidence as Exhibit A. It was tendered without any objection. The Respondent through the attorney concluded his evidence on 2nd November, 2011, called a second witness and closed his case. The case was adjourned to 28/11/2011 for…

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