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AGU
V.
NNADI

(1998) JELR 45560 (CA)

Court of Appeal 18 May 1998 Nigeria
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Case Details

Suit Number:CA/E/35/94
Judges:JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria ISA AYO SALAMI Justice of The Court of Appeal of Nigeria NIKI TOBI Justice of The Court of Appeal of Nigeria
Counsel:Dr. G.E. Oguagha For Appellant Mrs. AJ. Offiah (with her, H.O. Eya) For Respondent
Other Citations:Agu v. Nnadi (1999) 2 NWLR (Pt.589) pg.131, (1998) 10 NWLR (Pt. 571) 632, (1998) JELR 72329 (CA)

SALAMI, J.C.A (Delivering the Leading Judgment): This is an appeal against the decision of Okadigbo, J., delivered on 25th June, 1990 in the Anambra State High Court, in Enugu Judicial Division silting in Enugu. The claims of the plaintiff which went to trial are -

"(a) A declaration that the plaintiff is entitled to redeem the pledged land verged pink in the plaintiff's plan No. FCO/09/82 and thereon described as the land in dispute.

(b) An order of court that the defendant do accept from the plaintiff the sum of twenty five naira (N25.00) being the redemption money in respect of the said land.

(c) A perpetual injunction restraining the Defendant and/or his agents or servants or privies from remaining on the said land or remaining in possession of the said land."

At the trial, the plaintiff called three witnesses and placed reliance on the evidence or one Oza Jonas Ozougwu who had earlier testified before his death in the same action. The defence also called two witnesses. The learn…

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