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EGWUINI & ORS
V.
AGADA & ANOR

(2018) JELR 38901 (CA)

Court of Appeal 27 Apr 2018 Nigeria
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Case Details

Suit Number:CA/E/530/2013
Judges:IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria
Counsel:Godwin Ugwu For Appellant Chibueze Okereke for the 1st Respondent.Paul Awada (Director Civil Litigation, Ebonyi State) with him, S. N. Ogbuinya (Senior State Counsel) for the 2nd Respondent. For Respondent

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): The appellants herein as the plaintiffs instituted suit no. HAE/2/2005 in the High Court of Ebonyi State, Afikpo Judicial Division wherein they claimed the following reliefs:

(a) An order revoking the purported statutory certificate of Occupancy dated 8/10/82 No. 7/7/16 issued to M. N. Agada as the same was obtained not in good faith and without the consent and/or authority of the plaintiffs.

(b) A declaration that the purported sale and/or purchase of the plaintiffs No. 51 Eke Market Road/Square is illegal, void and of no effect whatsoever in that the transaction was done without the plaintiffs consent and/or authority.

(c) A declaration that the defendant had incurred forfeiture on the grounds of misbehaviour and/or misconduct in respect of the parcel or portion of land held of the plaintiffs not as a tenant but as a volunteer.

(d) N11,400,000.00 (Eleven Million, Four Hundred Thousand Naira) being special and gene…

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