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QUEEN OMABUWA v. MADAM MARTHA OWHOFATSHO & ANOR

(2005) JELR 45185 (CA)

Court of Appeal  •  CA/B/139/95  •  23 Mar 2005  •  Nigeria

Coram
PATRICK IBE AMAIZU JCA; AMINA ADAMU AUGIE JCA; NWALI SYLVESTER NGWUTA JCA;

Judgement

AMINA ADAMU AUGIE, J.C.A (Delivering the Leading Judgment): This is an appeal against the Ruling/Final Decision of Bazunu, J., of the High Court of Justice, Warri, Delta State, in a Land matter wherein the Appellant as Defendant was absent throughout the hearing till Judgment was delivered on the 25th of November 1993. This appeal arose from the trial Court's refusal to set aside the default Judgment entered in favour of the Respondents as Plaintiffs, who were granted - a Declaration that they are entitled to the "piece of parcel of land lying and situate at Rubber Plantation Layout, Agbassa - Warri, Warri Local Government Area, etc" and, - a Perpetual Injunction restraining the Appellant, her servants, her agents, etc., entering/remaining/interfering/ or in any way dealing with Plaintiff's peaceable possession of the said piece of land.

To better understand the issues at stake in this appeal, it is necessary, in my view, to set out the proceedings in the lower Court that led to this …

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