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GODFREY ONYENWEUZOR v. SILVA ADA OPUSUNJU

(2000) JELR 44153 (CA)

Court of Appeal  •  CA/PH/43/93  •  3 May 2000  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; MICHAEL EYARUOMA AKPIROROH JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

OGEBE, J.C.A. (Delivering the Leading Judgment): The respondent who was the plaintiff in the High Court of Justice, Port Harcourt, sued the defendant/appellant seeking a declaration that the property known as Plot 182 Orornineke Layout otherwise called No.21 Ndashi Street, D/Line, Port Harcourt is his property, the sale by the Rivers State Government of the property to him is valid and subsisting, an injunction to restrain the defendant/appellant and his servants or agents from interfering with his right in and over the property. The respondent sued by his Attorney, Chief Sheld A. Opusunju.

Pleadings were exchanged and the respondent gave evidence through his attorney and the appellant also gave evidence.

The gist of the respondent's case was that he bought the disputed property from the Rivers State Government after the original grantee of the land, one Josiah Okehie Nwosu failed to build a house on the property within two years as stipulated in the grant. The Rivers State Governmen…

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