judy.legal
Login Register

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…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login