(1995) JELR 79540 (CA)    
Court of Appeal  ·  4 Apr 1995 ·  Nigeria
Other Citations
Ephraim v. Okon (1996) 2 NWLR (Pt. 432) 595
OKAY ACHIKE, J.C.A. (Presided), NIKI TOBI, J.C.A., SUNDAY AKINOLA AKINTAN. J.C.A. (Rend the Leading Judgment)
Core Terms Beta
2nd appellant
3rd appellant
1st appellant
iso oqua street
said land
trial court
2nd defendant
4th defendants
late chief daniel etim oqua
learned trial judge
lease agreement
st appellant
calabar high court
consent of the plaintiff
land instruments registration law
o. ita
year lease
1st july
3rd respondents
alienation of the said land
amended statement of claim
case of the defence
chief daniel etim oqua
children of the 1st appellant
disputed land
following conclusion
idea of the purported sale
inter alia
landed property
late father
lead evidence
leading judgment
lease conveyance
main issue
members of family
possession of the said land
preponderance of evidence
reply brief
subject-matter of the present action
trial judge

AKINTAN, J.C.A. (Delivering the Leading Judgment): The respondent, as plaintiff, instituted this action at the Calabar High Court against the three appellants and one Francis Adam Ephraim (now deceased) as defendants. The claim as set out in the amended statement of claim was for:

"(1)A declaration that the land and premises situate at and known as 29. Akim Road/7 Iso Oqua Street, Calabar forms part of the intestate estate of Chief Daniel Etim Oqua deceased.

(2)A declaration that any sale, lease conveyance or anything whatsoever purporting to be an alienation of the said land or part thereof or any building or structure on the said land between the 2nd defendant and 1 st or 3rd or 4th defendants without the consent of the plaintiff as the sole administratix thereof is null and void.

(3)A declaration that the plaintiff as sole administratrix of the Estate of Daniel Etim Oqua (deceased) is entitled to the possession of the said land/houses situate at No. 7 Iso Oqua Street, Calabar.


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