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AGU
V.
NNADI

(2002) JELR 49542 (SC)

Supreme Court 13 Dec 2002 Nigeria
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- The appellant, Benneth Ude Agu, sought a declaration of entitlement to redeem pledged land, an order for redemption upon payment of N25, and a perpetual injunction against the respondent’s continued possession, claiming succession from hi

Case Details

Suit Number:SC.154/1998
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Counsel:Dr. G. C. Oguagha - for the Appellant For Appellant F A. J. Offiah, [Mrs.] (with her, H.O. Eya, Esq.) - for the Respondent For Respondent
Other Citations:Agu v. Nnadi 18 (2002) NWLR (Pt.798) 103 (2002) 12 S.C (Pt.I) 173

E. O. AYOOLA, J.S.C. (Delivering the Leading Judgment): On 18th May, 1998, the Court of Appeal, Enugu Division, dismissed the appeal of the appellant, Benneth Ude Agu, from the decision of the High Court of Anambra State which had on 25th June, 1990 dismissed his claim. He now appeals to this court.

"(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."

The appellant's case at the trial by his statement of claim was that the land which is subject matter of the action was pledged by his grandfather, one Ude Agu (or Ude Agu Ude) to the fat…

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