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PIUS NWABUEZE UMEH v. EDWARD OTTAH

(2014) JELR 36294 (CA)

Court of Appeal  •  CA/E/188/2012  •  31 Oct 2014  •  Nigeria

Coram
AMIRU SANUSI (OFR) JCA; EMMANUEL AKOMAYE AGIM JCA; SAIDU TANKO HUSSAINI JCA;

Judgement

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On 26 -10 - 2004, the respondent herein as plaintiff filed a claim in the High Court of Enugu State at Enugu and caused a writ of summons to issue on 10 - 11 - 2004 commencing suit No. E/815/04. On 28 - 04 - 2005, the plaintiff filed his statement of claim wherein he claimed for:-

(i) A declaration that the property situate and known as No. 2 Mounts Lane Awkunanaw, Enugu is and was at all material times the bona fide property of the plaintiff.

(ii) A declaration that the deed of assignment registered as No. 1 Page 1 Volume 1402 was not executed by the plaintiff and at no time did he negotiate to transfer the property to the defendant who has not furnished any consideration to him so as to effect the purported assignment which is invalid null and void.

(iii) An Order of court revoking the said Deed of Assignment and directing the Registrar of Deeds, Lands Enugu to Expunge the same from the records kept at the Registry of …

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