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DR. UZODIKE VINCENT V. DR. INNOCENT NWOBODO Suing By ATT: F. N. NNAMANI

(2021) JELR 107132 (CA)

Court of Appeal  •  CA/E/451/2016  •  10 May 2021  •  Nigeria

Coram
Mohammed Ambi-Usi Danjuma, JCA James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): The Appellant in this appeal was the Respondent in Appeal No. CA/E/285/17 and he was the Defendant/Counterclaimant in the suit at the trial Court which dismissed his counterclaim.

The counterclaim of the Appellant against the Respondent was for the following:

“i. AN ORDER OF PERPETUAL INJUNCTION restraining the Plaintiff, his agents, servants, privies, or any person whatsoever acting on his instructions from further illegal entry, occupation, constructions or development or building on the Defendant's land.

ii. A DECLARATION that the Irrevocable Power of Attorney donated by Umuchigbo Iji Nike in favour of Dr. Levi Muonanu registered as No. 78 at page 78 in Volume 1489 at the Land Registry Enugu, is null, void and of no effect.

iii. A DECLARATION that the Unregistered Deed of Assignment made between Dr. Levi Muonanu and Dr. Innocent Nwobodo on 3rd day of November, 2001 together with the consent made on behalf of Umuchigbo Iji N…

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