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MAZI HERBERT UDUCHE & ORS v. JOHN UDUCHE & ANOR

(2017) JELR 37751 (CA)

Court of Appeal  •  CA/E/427/2008  •  12 May 2017  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; FATIMA OMORO AKINBAMI JCA; PAUL OBI ELECHI JCA;

Judgement

AHMAD OLAREWAJU BELGORE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of His Lordship Hon. C. N. Uzoewulu delivered on 6th December, 2007 at Otuocha Sessions on the Anambra State High Court on assignment order of the Hon. The Chief Judge of Anambra State.

The writ commencing the proceedings leading to this appeal was filed at Aguata Division of the same Anambra State High Court holden at Ekwulobia.

Parties duly exchanged their pleadings at Aguata Sessions and hearing commenced thereat, up to an advanced stage as defence commenced at the said Aguata Session before the Hon. Presiding Judge was transferred to Otuocha Division and the Chief Judge by an Assignment order directed the presiding Judge to complete the advanced part-heard matter in the interest of justice.

The present Appellants were the Plaintiffs in the Lower Court who sought sundry declaratory relief over a piece or parcel of land known as and called Ikpa Onunuiyi Uduche at Enu-Mgbom Ndiowu a…

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