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EMECHETA
V.
OGUERI & ANOR

(1997) JELR 45447 (CA)

Court of Appeal 21 May 1997 Nigeria
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- The appellant filed a lawsuit against the defendants, seeking a declaration that a property sale was null and void and an injunction to prevent eviction from the property. - The trial judge dismissed the suit, and the appellant appealed t

Case Details

Suit Number:CA/PH/47/92
Judges:ALOYSIUS IYORGYER KATSINA-ALU Justice of The Court of Appeal of Nigeria RAPHEAL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria
Counsel:Chief M.I. Ahamba (SAN);T.N. Eke Esq); For Appellant Chief Tagbo Nwogu;O.A. Obianwu Esq; For Respondent
Other Citations:Emecheta v. Ogueri (1997) 8 NWLR (Pt.516)

ROWLAND, JCA (Delivering the Leading Judgment): The appellant as plaintiff took out this action against the defendants (now respondents) jointly and severally, at the Aba High Court. The claims of the plaintiff as contained in paragraph 18 of the Statement of Claim were as follows:-

"(a) A declaration that the purported sale of the property registered as 84/84/626 Enugu (now Owerri) by the 2nd defendant to the 1st defendant by public auction is null and void.

(b) An injunction restraining the 1st defendant and/or his agents from ejecting the plaintiff from her residence at No. 26 Okigwe Road, Aba part of the property registered as 84/84/626."

Pleadings were ordered, filed and duly exchanged by the parties to the suit. At the hearing, the plaintiff who gave evidence, tendered some documents and called one witness. The defendants, also, gave evidence at the hearing and tendered some documents. After hearing the parties and their counsel, Jonah Johnson J., in a reserved judgment delivere…

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