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AGU & ORS.
V.
IDU

(2013) JELR 36121 (CA)

Court of Appeal 17 Jan 2013 Nigeria
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Case Details

Suit Number:CA/C/108/2010
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria ONYEKACHI A. OTISI Justice of The Court of Appeal of Nigeria
Counsel:Offiong Effiwat For Appellant Mba E. Ukweni with Chief P. A. Akpoke; Mba O. Mba; Ekanem A. Otu (Miss); Mrs. R. E. Alae; Mrs. S. A. Ekeke and E. O. Abba For Respondent

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): Hon. Joseph Idu was the plaintiff before the High Court of Justice of Cross River State holden at Ogoja Judicial Division. The Defendants were (1) Mr. Oblechor Lifu Agu (2) Mr. Eje Lifu (3) Mr. Sunday Ogbeche. They were sued "As for themselves and on behalf of Lifu Agu family of Olachon Okpama, Yala Local Government Area" on 17th November, 2005. The subject-matter in dispute is described at paragraph 3 of the statement of claim filed on 17th November, 2005 thus:

"(3). The plaintiff is the owner of the building plot with a twin three bedrooms bungalow thereon lying and situate at Ochochi - Okpoma, more particularly situate opposite General Hospital Okpoma and situate by Okpoma/Okuku High way, Okpoma, Yala Local Government Area, Cross River State."

In paragraph 3 of the Joint statement of defence filed on 2nd February, 2006 the defendants pleaded thus:

"3. The defendants denies paragraphs 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 (al…

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