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NWABUDIKE & ANOR.
V.
OMOKARO

(2010) JELR 47611 (CA)

Court of Appeal 29 Apr 2010 Nigeria
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Suit Number:CA/B/21/2008
Judges:AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria
Counsel:Mr. G. E. Ezomo with him E. O. Edigue, D. O. Aigbekaen,Mr. C. P. Agbaeze and S. Martins For Appellant Mr. J. O. Odion with him E. C. Eduwo For Respondent

OYEBISI F. OMOLEYE, J.C.A. (Delivering the Leading Judgment): The brief background facts of this matter are that, the Respondent herein was the plaintiff at the trial Court. He instituted an action against the 2nd Appellant and the 1st Appellant's deceased mother Princess G. Akenzua as defendants for, declaration of title to a portion of land, special and general damages for trespass. Pleadings were exchanged between the parties and the action went to trial at the end of which judgment was delivered in favour of the Respondent on 14th June, 2006. See pages 80 to 96 of the record of appeal for the said judgment. Subsequently, on 26th October, 2006, the Appellants' counsel filed an application before the trial Court and prayed for the following orders viz:

(1) An order striking out the name of the 1st defendant, Princess G. Akenzua from the suit, she having died on 12th June, 2006 two days before the judgment of the Court was delivered against her, the judgment being a nullity.

(2) An o…

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