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NZURIKE
V.
OBIOHA

(2000) JELR 70777 (CA)

Court of Appeal 28 Feb 2000 Nigeria
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Case Details

Judges:JAMES OGENYI OGEBE, J.C.A. (Presided), IGNATIUS CHUKWUDI PATS-ACHOLONU, J.C.A. (Read the Leading Judgment), ABOYI JOHN IKONGBEH, J.C.A
Counsel:E.O. Ajoku - for the Appellant Prof. C. Ogwurike - for the Respondents
Other Citations:(2001) 10 NWLR (Pt. 722) 613

PATS-ACHOLONU, J.C.A.: (Delivering the Leading Judgment): This appeal arose out of the refusal of the learned trial Judge Aguguo J, to allow the plaintiff/ appellant to amend the statement of claim by adding the following words at the end of para. 9 to wit:

"The Presidential address presented by D.I. Ajuru at the meeting of 3rd April 1986 shall be founded upon at the trial."

To fully appreciate the facts of the case it is pertinent to set down some of claims as contained in the statement of claim:

"(i) A declaration that Umuechem kindred of the plaintiffs are the children of Echem the first son (Nwaokpara) of Ezealaeze the founding father of Umuezealaeze village in Alaenyi Ogwa, Mbaitoli Local Government Area, Imo State of Nigeria.

(ii)A declaration that Umuechem Kindred by virtue of being the children of Echem, the first son (Nwaokpara) of Ezealaeze is the most senior kindred in Umuezealaeze village in Alaenyi Ogwa, Mbaitoli Local Government Area, Imo State.

(iii)A declaration that Umuech…

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