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ATUFE
V.
OGHOMIENOR

(2003) JELR 46382 (CA)

Court of Appeal 17 Dec 2003 Nigeria
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Case Details

Suit Number:CA/B/28/2001
Judges:RABIU DANLAMI MUHAMMAD JCA MUHAMMED SAIFULLAHI MUNTAKA-COOMASIE JCA KUMAI BAYANG AKAAHS JCA
Counsel:J. O. Oweibo, Esq. For the Appellant; A. B. Odiete, Esq. For the Respondent;
Other Citations:Atufe v. Oghomienor [2004] 13 NWLR (pt.890)327

MUHAMMAD S. MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice, Sapele, Delta State of Nigeria, Coram Nwulu, J., delivered on the 26/9/2000, in which the claim of the plaintiff, now appellant, was dismissed.

The plaintiff in his amended statement of claim in paragraph 26(a), (b), (c), (d), (e), (i), (ii) thereof claimed against the defendant follows:

"Wherefore the plaintiff claim the following declarations and reliefs:

(a) That the plaintiff is both the legal and equitable owner of the building, known as No. 197, New Ogorode Road, Sapele, as against the defendant.

(b) That the defendant is a tenant to the plaintiff in the building, known as No. 197, New Ogorode Road, Sapele.

(c) That the plaintiff is entitled to the statutory right of occupancy of the premises known as No. 197, New Ogorode Road, Sapele.

(d) That the defendant should render account of all monies collected from other tenants which the defend…

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