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UMEH BROTHERS COMPANY LTD & ORS v. ETHELBERT UMEH & ANOR

(2016) JELR 36788 (CA)

Court of Appeal  •  CA/E/284/2012  •  24 Mar 2016  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; RITA NOSAKHARE PEMU JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): The suit, the subject matter of this Appeal was instituted by way of a PETITION filed on the 5th of May 2011 - Page 1 - 11 of the Record of Appeal.

In Paragraph 52 of the said Petition, the Petitioner seeks the following reliefs -

(i) "A declaration that the father of your humble Petitioner, late Elisius Umeh and the husband and father of the 3rd to the 8th Respondents late Augustine C. Umeh were the only equal share-holders of the 1st Respondent company before their deaths in 2003 and 1999 respectively.

(ii) A declaration that your Petitioner as the personal representative of late Elisius Umeh together with his brothers is entitled to half of the share in the 1st Respondent company due to his late father Elisius Umeh and the other half goes to the 3rd to the 8th Respondents jointly as the personal representatives of Late Augustine C. Umeh.

(iii) A declaration that your petitioner as the personal representative of late Elisius…

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