CHUKWUNEKE & ORS
V.
AKARAIWE & ORS

(2017) JELR 40261 (CA)    

Court of Appeal  ·  CA/B/55/2015 ·  9 May 2017 ·  Nigeria
CORAM
MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
record of appeal
appellants
1st 2nd respondents
2nd respondents
better affidavit
former counsel
12th day of april
benjamin okoh
counter claim
2nd respondents counsel
counter affidavit
result of the fact
said motion
1st defendant
1st defendants
2nd day of november
2nd respondents claim
following terms
high court of delta state
learned trial judge
paragraph 3h of the furthered better affidavit
paras c-d
present counsel
said counsel
set aside
written address
1st 2nd respondents counsel
26th day of october
2nd appellant
8th day of may
applicants extension of time
bejamin okoh
failure of b. o. okoh esq
honourable justice h. o. akpotohwo
joint statement of defence of the appellants
land of the 1st defendant
leading judgment
new high court rules
old high court rules
order of court
order of injunction
points of law
ruling of the high court of delta state
said counter affidavit
said counter claim
said trial court
suit no. aku

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an Appeal by the Appellants against the decision/Ruling of the High Court of Delta State (Akwukwu-Igbo Judicial Division) delivered on the 2nd day of November, 2012 Coram His Lordship, Honourable Justice H. O. Akpotohwo in Suit No. AKU/6/2007: Between Onyeka Gosife Akaraiwe and Anor V. Mr. Boniface Chukwuneke and 3 Ors.

The 1st 2nd Respondents had on the 8th day of May, 2007 commenced this action by Writ of Summons at the High Court of Delta State (Akwukwu-Igbo Judicial Division) under the old High Court Rules seeking for a declaration of title and an Order of injunction against the Appellants.

Thereon, the Appellants filed their joint Statement of Defence and Counter Claim on the 26th day of October, 2007. Consequently, on the 11th day of June, 2008, the 1st 2nd Respondents filed a Reply to the Joint Statement of Defence of the Appellants and Defence to the said Counter Claim.

However, on the 12th day of April, 20…

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