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FESTUS ONYEKAONWU & ANOR V. CHRISTIAN UDEGBUNAM

(2009) JELR 33495 (CA)

Court of Appeal  •  CA/E/242/2006  •  25 Jun 2009  •  Nigeria

Coram
AMIRU SANUSI JCA; STANLEY SENKO ALAGOA JCA; OLUKAYODE ARIWOOLA JCA;

Judgement
<p><strong>AMIRU SANUSI, J.C.A (Delivering the leading : ):</strong> This is an interlocutory appeal against the ruling of Anambra State High Court (the lower court) (Coram Nweze J) delivered on 17th of May 2005 wherein the lower court dismissed the suit instituted by the plaintiffs/appellants. At the lower court, the plaintiffs who are now appellants in this case took a writ of summons against the defendant now respondent. In their third further Amended Statement of Claim, the following reliefs were sought namely:</p><p> a) A declaration setting aside the Deed of Assignment between the Plaintiffs and the defendant dated 27th day of January 1974 and registered as NO. 69 at page 69 in Volume 439 of the Deeds Registry, kept in the Lands Registry, Enugu on grounds of fraud and misrepresentation.</p><p> b) A declaration of title to a statutory right of occupancy over the property situate at and known as No.21 Umunna Street Odoakpu, Onitsha.</p><p> c) An order for accounts over the said property from January 1974.</p><p> d) An ord…</p>

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