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ESSIEN
V.
ESSIEN & ORS.

(2008) JELR 49414 (CA)    

Court of Appeal  ·  CA/C/5/2006 ·  20 May 2008 ·  Nigeria
 · 
Other Citations
Essien v. Essien (2009) 9 NWLR (Pt. 1146) 306
CORAM
KUMAI BAYANG AKAAHS JCA JEAN OMOKRI JCA MOJEED ADEKUNLE OWOADE JCA

Ratio Decidendi

Core Terms Beta
appellant
plaintiff
learned trial judge
4th defendant
evidence
suit no. hc
1st defendant
3rd defendants
3rd respondents
learned counsel
2nd defendant
statement of claim
defendant
m.c.c. road
additional evidence
appellant's caveat exhibit
issues
lower court
possession of the property
1st respondent
consent of the plaintiff
joint property of the plaintiff
judgment of the learned trial judge
leading judgment
michael edem j.
notice of encumbrances of the property
order of injunction
power of the learned trial judge
question of joint ownership of no.
said building
3rd respondents brief of argument
4th respondents brief of argument
fact file
following issues
judgment of the hon. justice michael edem
learned trial judge michael edem j.
ltd. v. aina
matrimonial suit no. hc
order of court
plaintiff claims
record of appeal
respective argument of counsel
respective counsel
statement of defence of the 4th defendant
such grant
terms of the 1st leg of issue no.


M. A. OWOADE J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Hon. Justice Michael Edem delivered on the 4th of February, 2005 in suit No. HC/176/2002. The Appellant herein was Plaintiff in the lower court and had instituted the action by a writ of summons dated and filed on 15/4/2002. By her statement of claim dated and filed on 27/5/2002, the Plaintiff claims against the Defendant for:

(1) A declaration that the building and premises situate at No. 12 M.C.C. Road, Calabar contained in Certificate of Occupancy registered as No. 35 at page 35 in volume 199 of the Lands Registry office at Calabar is the joint property of the Plaintiff and the Defendant.

(2) A declaration that the Defendant cannot sell or transfer the said building and premises to any person without the consent of the Plaintiff.

(3) An order of injunction restraining the Defendant by himself, his servants, agents, and assigns from dealing with the premises adversely against the Pla…

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