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PETER DIKE UZOHO v. VICTOR NWANERI IKEKWEM ASUGHA

(2017) JELR 38185 (CA)

Court of Appeal  •  CA/OW/111/2012  •  30 Mar 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; ITA GEORGE MBABA JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the Ruling of the High Court of Imo State in Suits NOS.HOR/108/88 and HOR/113/89 (consolidated), delivered on 11/10/2010 in respect of an application for amendment of the pleadings, brought by the Appellant at the lower Court, which was refused. Appellant was the Defendant in HOR/108/88 and Plaintiff in HOR/113/89 and had sought to amend both his statement of claim (in HOR/113/89) and statement of defence (in HOR/108/88).

The Respondent (as Plaintiff) had first originated Suit No.HOR/108/88 on 3/8/88 against one Felix Onwuachu, seeking a declaration over the Parcel of land, called ALA AMA OKEREKE, situate at Obinulu Umuduruaji, Nkwerre Town. He also claimed for damages and perpetual injunction. But on 5/7/89, Mr. Felix Onuwuachi filed a cross action (HOR/113/89) against the Respondent (Victor Nwaneri Ikekwem and one Dick Nworisa, also seeking a declaration that he was entitled to the Sta…

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