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PRINCE EMEAGWARA UCHE (By substitution) V. DIKE W. OBINYA OBUNWA OBINYA (The Administrators of the Estate of William Wachukwu Obinya, Deceased)

(2001) JELR 57395 (CA)

Court of Appeal  •  CA/E/255/88  •  21 Jun 2001  •  Nigeria

Coram
JAMES OGENYI OGEBE, JCA (Presided and Read the Lead Ruling) IGNATIUS CHUKWUDI PATS-ACHOLONU, JCA ABOYI JOHN IKONGBEH, JCA

Judgement

OGEBE, JCA (Delivering the Lead Ruling): The respondents sued the appellant in the High Court, Aba seeking the following reliefs “(a) A declaration that the property and building situate being and lying at Plot No. 12 Block 140, otherwise known as 265 Clifford Road, Aba, within the jurisdiction of this Honourable Court, is part of the Estate of William Wachukwu Obinya late of Umuiku, Asa in the Ukwa Local Government Area, deceased, who died on the 22nd day of September, 1966 at Aba aforesaid.

A declaration that the purported assignment of the said property and buildings at Plot No. 12 Block 140, otherwise known as265 Clifford Road, Aba aforesaid to the defendant was fraudulent, null, void, inoperative and of no effect whatsoever.

An account rendered to the plaintiffs of the rents income and/ or profits realised by the defendant from the 22nd day of September, 1966 to the 30th of October, 1987.

An injunction restraining the defendant from further parading himself as the owner or lessee …

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