CHIEF MADUWUBA ORODOEGBULAM V. NZE DONATUS ORODOEGBULAM
(2013) JELR 35888 (CA)
Court of Appeal
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CA/OW/94/2009
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20 Mar 2013
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Nigeria
Coram
JOHN INYANG OKORO JCA;
PHILOMENA EKPE JCA;
HARUNA SIMON TSAMMANI JCA;
Appearances
K. M. Onyeama Esq. For Appellant
C. H. Ajaere (Miss) (holding the brief of E. F. Njemanze Esq.) For Respondent
Judgement
<p>JOHN INYANG OKORO, J.C.A (Delivering the Leading Judgment): The Respondent herein, on 21st March, 1994 filed Suit No. HOW/104/94 claiming exclusive ownership of the property known as and called No. 62/63 Royce Road, Owerri, now renumbered as No. 57/63 Royce Road, Owerri. He also claimed accounts for rents and an order of injunction. Pleadings were exchanged and parties testified in response to the facts pleaded. The Appellant herein was the defendant in that case, while the Respondent in this appeal was the plaintiff. At the end of the hearing and after considering the submission of both counsel, the trial court found and held that the land in dispute was jointly owned by both the Appellant and Respondent herein. That judgment which can be found on pages 42 - 45 of the record was delivered on the 26th day of September, 2006 by the then Chief Judge of Imo State, Hon. Justice P. C. Onumajulu. That judgment is subsisting as there is no evidence that any of the parties had appealed agains…</p>