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INCORPORATED TRUSTEES OF ROH EMPIRE MISSION
V.
OPARA

(2017) JELR 38013 (CA)

Court of Appeal 22 May 2017 Nigeria
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Case Details

Suit Number:CA/OW/106/2013
Judges:AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Counsel:M.O. ONYEKA, ESQ. with N.I. UZOMA, ESQ. For Appellant U.M. DURUEWURU (MISS) holding the brief of A.C. MEZU, ESQ. (who settled the brief) For Respondent

ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of Imo State High Court in Suit No. HOW/65/2003, delivered on 29/10/12 by Hon. Justice N.B. Ukoha, wherein the Court dismissed the claims of the Plaintiff, now Appellant.

At the Lower Court the Appellant, as per the writ of summons, filed on 3/3/2003, had sought:

(1) A declaration that the tenancy relationship of the Plaintiff and Defendant in respect of Plots 192/2000 (sic) Ikenegbu Layout Extension (hereinafter called The Premises) is valid and subsisting until the Defendant transfers his interest in the premises to the Plaintiff.

(2) An Order of Court on the Defendant to transfer his interest in all that pieces or parcel of land known as and called Plots 192/2000 (sic) Ikenegbu Layout Extension at Owerri, Imo State, to the Plaintiff pursuant to the agreement reached on between the Plaintiff and the Defendant on or about 13th December, 2002 at Ezeogba Emekuku, Owerri, where by the Defendan…

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