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AMOBI
V.
NZEOWU & 2 ORS

(2025) JELR 114492 (CA)

Court of Appeal 15 Dec 2025 Nigeria
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- Court of Appeal allowed the appeal and set aside the High Court’s judgment which had voided two Deeds of Assignment for purported fraud and lis pendens, holding that the trial court granted reliefs (setting aside deeds dated 29/07/1996) n

Case Details

Suit Number:CA/L/622/2008
Judges:Ademola Samuel Bola, JCA, Polycarp Terna Kwahar, JCA, Uwabunkeonye Onwosi, JCA
Counsel:B. Ibeke, Esq. with him, B. C. Unachukwu, Esq. For Appellant W. A. Agoro, Esq. with him, O. O. Oshodi, Esq. and O. Aderogbo, Esq. for 1st-3rd Respondents

UWABUNKEONYE ONWOSI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Lagos State High Court sitting at Lagos Judicial Division delivered by HON. JUSTICE O. O. OKE on the 22nd day of April, 2008, in Suit No. LD/2080/1997. The Lower Court, on 22nd day of April, 2008, entered judgment in favour of the Respondents and set aside the two Deeds of Assignment dated 29th July 1996 in respect of property situated at No. 147 Ogunlana Drive, Surulere, Lagos State and Plot 1303A, Akin Adesola Street, Victoria Island, Lagos State on the grounds that the said Deeds of Assignment were caught up by lis pendens or fraud.

Irked by the judgment of the Court below, the Appellant filed an Amended Notice of Appeal dated 24th September, 2018 on the same date. The facts underlying this appeal are straightforward and can be easily summarized. The 1st–3rd Respondents who were the Claimants at the Lower Court (and surviving spouse and children of late Engineer Theophilus Ifean…

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