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CHIEF SUNDAY N.A. UZOR (Suing by his Attorney, Mr. Solomon Iwebuzor) V. DELTA FREEZE NIGERIA LTD & ORS

(2010) JELR 47774 (CA)

Court of Appeal  •  CA/PH/67/2006  •  15 Apr 2010  •  Nigeria

Coram
SULEIMAN GALADIMA (OFR) JCA; ISTIFANUS THOMAS JCA; EJEMBI EKO JCA;

Judgement

SULEIMAN GALADIMA, J.C.A. (Delivering the Leading Judgment): The Appellant as the plaintiff initiated this case by a writ of summons in the High court of Rivers State in the Port Harcourt Judicial Division. After the writ was duly served on all the Respondents then Defendants, only the 1st Respondents entered appearance by filing a Memorandum of Appearance. The other Defendants namely the second and the third did not enter any appearance and filed no pleadings in his suit. In the 1st Respondent defended the action.

Pleadings were duly filed and exchanged between the Appellant and the 1st Respondent.

Appellant's claims in this suit stated in paragraph 26 of the statement of claim and reproduced on pages 10 - 11 of the record are as follows:

"26, WHEREFORE the plaintiff has suffered loss and damage and claims from the Defendants as follows.

(a) A declaration that the purported sale of the property known as and called 33 Okoroji Street D/Line Port Harcourt to the first Defendant is unfaiā€¦

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