(2011) JELR 46044 (CA)    

Court of Appeal  ·  CA/E/12/2009 ·  11 Aug 2011 ·  Nigeria
Other Citations
Ebo v. Anadi (2012) 8 NWLR (Pt. 1301) 69
AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria MOHAMMED L. TSAMIYA Justice of The Court of Appeal of Nigeria ABDUL ABOKI Justice of The Court of Appeal of Nigeria
Core Terms Beta
nwlr pt
modebe family
trial court
record of appeal
cause of action
cross examination
building plan
learned trial judge
transfer fee
statement of claim
decision of the trial court
said property
totality of evidence
circumstances of this case
exhibits d1
grounds of appeal
knowledge of the appellant
limitation law
modebe enterprises limited
said plan
statutory right of occupancy
transfer of the land
anambra state
brief facts of the case
circumstance of this case
date of his father
defendant account
evidence of dw2 pius anadi
lands registry
late father matthew orakwue ebo
late matthew orakwue ebo
lease agreement
modebe family layout
modebe family of onitsha
onisha native law
original lessee of no.
own root of title
page 524.paragraphs
plaintiff claims
virtue of a deed of lease

ABDU ABOKI, J.C.A, (Delivering the Leading Judgment): This appeal arose from the decision of J. I. Nweze J of the High Court of Anambra State sitting at Onitsha delivered on the 30th day of October, 2006. The brief facts of the case are as follows:-

The Appellant's father late Matthew Orakwue Ebo was the original lessee of No. 9 in block 13 of Modebe family layout, Onitsha by virtue of a Deed of Lease dated on the 10th of October, 1946 and registered as No. 31 at page 31 in volume 731 on the Lands Registry, Lagos now at Awka. The said Appellant's father did not prepare any building plan and did not build on it until he decided to transfer the property to the Respondent's father late Raphael Anadi in 1950.

After receiving his consideration for the transfer, he took the Respondent's father to the Modebe family of Onitsha for the transfer of the land to him whereat the said Modebe's family asked the Respondent's father to pay the transfer fee of 12 pounds:-, which he did by sending his …

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