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AGU
V.
IDU

(2013) JELR 57172 (CA)

Court of Appeal 17 Jan 2013 Nigeria
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Case Details

Suit Number:CA/C/108/2010
Judges:MOHAMMED LAWAL GARBA JCA (Presided) JOSEPH TINE TUR JCA (Read the Lead Judgment) ONYEKACHI A. OTISI JCA
Counsel:Offiong Effiwat - for the Appellants. -*- Mba E. Ukweni (with him, Chief P.A. Akpoke; Mba O. Mba; Ekanem -*- E A. Otu (Miss); Mrs. R. E. Alae; Mrs. S. A. Ekeke and E.O. Abba) -*- - for the Respondent.

TUR JCA (Delivering the Lead 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 Olachor, Okpoma, Yala Local GovernmentArea” on 17 November 2005. The subject-matter in dispute is described at paragraph 3 of the statement of claim filed on 17 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 Highway, Okpoma,

Yala Local Government Area, Cross River State.”

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

“3. The defendants denies paragraphs 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 (all subparagraphs of the statement…

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