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KALU UKIWO v. JOHN ONWUDIWE & ANOR

(2016) JELR 36895 (CA)

Court of Appeal  •  CA/OW/136/2013  •  15 Apr 2016  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Abia State High Court in Suit NO.A/328/2005, delivered by Hon. Justice Ory Zik Ikeorha on 22/11/2012, wherein the trial Court dismissed the claimant's (Appellant's) claim, while entering judgment for the 1st Defendant (now 1st Respondent) in his Counter-claim.

The claim by the Appellant at the Court below was for:

An order setting aside the purported purchase of the property known as 94 Clifford Road, Aba by the 1st Defendant after the approval of the Partitioning of the Estate of late Chief Ukiwo Kalu Ude by the 2nd Defendant as the said purchase is illegal and void.

The 1st Respondent filed a Counter-claim, wherein he sought the following reliefs, as per his statement of defence on page 60-61 of the Records:

(a) A declaration of this Honourable Court that the Estate of late Chief Ukiwo Kalu Ude of Abiriba who died intestate in March, 1998 is subject to and governed by Abiriba Nativeā€¦

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