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UNION BANK OF NIGERIA PLC. V. HELEN EZEIRU

(2011) JELR 33894 (CA)

Court of Appeal  •  CA/J/180/2005  •  13 Jul 2011  •  Nigeria

Coram
KUDIRAT M.O. KEKERE-EKUN JCA; ALI ABUBAKAR BABANDI GUMEL JCA; UCHECHUKWU ONYEMENAM JCA;

Judgement

ALI ABUBAKAR BABANDI GUMEL, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Benue State High Court, Gboko Judicial Division, delivered on 18th January, 2005 in suit no GHC/49/2003. In a writ of summons dated and filed on 8th April, 2003, the Respondent herein, as the Plaintiff sued the Appellant, as the 2nd Defendant and one of her children, Mr. Chijioke Ezeiru, as the 1st Defendant.

By paragraph 19 of her Statement of claim the Plaintiff /Respondent sought for the following 5 reliefs against the Defendants jointly and severally. They are:-

(a) A declaration that the Plaintiff is the only bonafide person by virtue of the letters of administration in her name to enter into any transaction or deal in any manner with the said 3 plots.

(b) A declaration that the 1st Defendant's act in mortgaging the said 3 plots is null and void same having being done without the consent and authority of the Plaintiff.

(c) An order directing the 2nd Defendant to retu…

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