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HART CHIJOKE ONWUKWE V. GODFREY CHINENYE EKEJIUBA

(2017) JELR 38045 (CA)

Court of Appeal  •  CA/OW/76/2011  •  28 Apr 2017  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; ITA GEORGE MBABA JCA; TUNDE OYEBANJI AWOTOYE JCA;

Appearances
D.C. Denwige, SAN with him, O.O. Okonkwo, Esq. (Using the brief settled by O.S. Akinola, Esq.) For Appellant M. A. Ichi, Esq. with him, I.O. Eze, Esq. For Respondent

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Abia State High Court in Suit No. HU/38/2007, delivered on 13/10/2013 by Hon. Justice Ogechi Okehielem, wherein the learned trial Court entered judgment for Plaintiff (Respondent herein) and granted all his reliefs, except the Claim for accounts.

At the trial Court, the Plaintiff (now Respondent) had claimed as follows:

(a) Declaration of title to the parcel of land together with the building thereon situate at Ezioma Ossah Ibeku, Umuahia otherwise known as and called Number 46 Mission Hill, Umuahia, Abia State comprised in the Statutory Certificate of Occupancy No. LUM 2635 dated 3rd November, 1981 and registered as No.79 (page 79) in Volume 27 at the Deeds Registry in the Office at Owerri now kept at Umuahia.

(b) Injunction restraining the Defendant from interfering with the Plaintiffs title to and possession of the said Number 46 Mission Hill Umuahia, Abia State.

(c) An Order directing th…

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