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HILARY OPARA & ORS v. J. D. IHEANACHO

(2014) JELR 36396 (CA)

Court of Appeal  •  CA/OW/131M/2012  •  9 Jul 2014  •  Nigeria

Coram
ITA GEORGE MBABA JCA; PETER OLABISI IGE JCA; FREDERICK O. OHO JCA;

Judgement

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): This an interlocutory appeal against the ruling/decision of the High Court of Imo State, contained in the ruling of Honourable Justice C. M. I. Egole delivered on 20th day of February, 2012.

The Appellants had on 8th day of October, 2007 instituted this action against the Respondent claiming the following reliefs:

"1. A Declaration that the 1st and 2nd Plaintiffs are entitled to the Statutory Right of Occupancy over the property known as and called Ogbouzor Umuopara Farmland being and lying along Ihugba/Chikwere Street Owerri in Owerri Municipal Council, Imo State.

2. A Declaration that the Irrevocable Power of Attorney donated by the 1st and 2nd Plaintiffs to the 3rd Plaintiff over the said property known as and called Ogbouzor Umuopara Farmland being and lying along Ihugba/Chikwere Street Owerri still extant and subsisting.

3. A Declaration that the Defendant has no legal or equitable title to the said property known as a…

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