MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of the Enugu State High Court presided over by K.N. Udeh, J and delivered on the 22nd day of July, 2008.
The Appellant and the Respondent are brothers of full blood with the Respondent as the senior. By a Writ of Summons and statement of claim of 26/07/2005, the Respondent as Plaintiff claimed against the Appellant as follows:
29
a) A declaration that the joint ownership of property venture between the Plaintiff and Defendant has broken down irretrievably.
b) An order dissolving the said Joint Property Ownership Venture.
c) An order for the evaluation and sale of the Joint business venture properties situate at NO. 75 A Kenyetta Street, Awkunanaw, Enugu and NO. 142 A Lepper Mission Road, New Benin City Edo State and the proceeds shared equally between them.
d) An order for the account of all rents collected from September 1996 till date and sharing of same between the Plaintiff and the D…