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CHIEF VINCENT OLIE & ORS v. CHIEF PAUL OTUYAH & ORS

(2007) JELR 33354 (CA)

Court of Appeal  •  CA/B/63/97  •  23 Feb 2007  •  Nigeria

Coram
ZAINAB ADAMU BULKACHUWA JCA; STANLEY SHENKO ALAGOA JCA; GEORGE OLADEINDE SHOREMI JCA;

Judgement

STANLEY SHENKO ALAGOA J.C.A (Delivered the Leading Judgment): At the High Court of Justice Kwale in the Kwale Judicial Division of Delta State of Nigeria the 1st, 2nd and 3rd Respondents as Plaintiffs took out a writ of summons against the 1st, 2nd and 3rd Appellants and the 4th Respondents as Defendants jointly and/or severally for the following reliefs which are also contained in paragraph 29 of their statement of claim dated the 15th day of January 1988-

1. A Declaration that the 1st to 3rd Defendants consistently violate the fundamental terms of the consent Judgment in the consolidated Suit Nos. UHC/43/71, UHC/50/71 and UHC/70/71.

2. A Declaration that the 1st to 3rd Defendants while consistently obtaining benefits under the consent judgment in the consolidated Suits UHC/70/71 have refused declined and/or neglected to perform their legal obligations to Plaintiffs in relation to the burdens therein contained.

3. A Declaration that the 1st to 3rd Defendants did not ever intend to pe…

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