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DANIEL-KALIO
V.
DANIEL-KALIO

(2004) JELR 40324 (CA)

Court of Appeal 30 Mar 2004 Nigeria
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- The dispute concerned title and rights of occupation over No. 81 Victoria Street, Port Harcourt, originally leased in 1930 to Madam Henrietta Daniel-Kalio, the eldest daughter of Chief Oju Daniel-Kalio, under a 99-year lease (exhibit A).

Case Details

Suit Number:CA/PH/258/97
Judges:SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria DAVID ADEDOYIN ADENIJI Justice of The Court of Appeal of Nigeria
Counsel:A. I. Adedipe, Esq. (with him, F. J. Effik, Esq., Ifeoyi Maduakolam, Esq. and Alex Nnorum, Esq.) For Appellant A. Eke-Ejelam, Esq. (with him, A. T. Geogewill, Esq.) For Respondent
Other Citations:Daniel-Kalio v. Daniel-Kalio (2005) 4 NWLR (Pt.915)305

AKPIROROH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of K.D. Ugbuku, former Chief Judge of Rivers State, delivered on 28th February, 1995, in suit No.PHC/583/91.

In paragraph 15 of his statement of claim, the plaintiff now respondent claimed the following reliefs:

"(i) A declaration that the plaintiff is a co-owner of the property, known as No. 81 Victoria Street, Port Harcourt, otherwise known as Block No. 78 Plot A in lease of 12th November, 1930, with No. 17/17/303 with the defendants under Okrika customary law of inheritance.

(ii) Alternatively, a declaration that the said property belong to the Daniel-Kalio family of Okrika jointly under customary law.

(iii) A declaration that the Power of Attorney registered as No. 54 at 54 in Volume 139 at the Lands Registry, Port Harcourt, granted in favour of I.A. Adedina, Esq. cannot be used to issue notice and eject the plaintiff and is to that extent, illegal and void as against the plaintiff.

(iv)…

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