(2004) JELR 44994 (CA)    

Court of Appeal  ·  CA/B/123/97 ·  30 Jan 2004 ·  Nigeria
Other Citations
Obi v. Obi [2004] 5 NWLR (Pt.867)647
RABID DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial judge
report of settlement
functus officio
2nd defendant
learned trial judge
lower court
onaje road
order of court
set aside
adverse order
adjourned date
asaba judicial division
bauchi meat products company ltd.
consent of the parties
diokpa of chief obi dikewiwe
directive of the learned trial judge
exclusion of the plaintiff
final judgment
following issues
following order
high court law
high court no.2
interested party
leading judgment
legal grounds
mother mrs ashimedue obi
own judgment suo motu
plaintiff claims
present case
proper order
r. d. muhammad
record of proceedings
respective briefs of argument
said judgment
second issue
see nwangwu v
shares of estate
such circumstances
summary judgment

R. D. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Odita, J., sitting at High Court No.2, Asaba, in the Asaba Judicial Division, delivered on 12th April, 1995 striking out the suit.

The plaintiff, by paragraph 24 of his statement of claim is claiming for the following:

"Whereof the plaintiff claims as follows:

1. A declaration that the plaintiff and his brothers by his mother Mrs Ashimedue Obi, are entitled to a share of one fourth (1/4) of the whole estate at No. 36, Onaje Road, Asaba, according to Asaba customs.

2. A declaration that the 1st and 3rd defendants' occupation of the land at No. 30, Onaje Road, Asaba to the exclusion of the plaintiff and his brothers is wrongful.

3. An order of court that the 2nd defendant shares the land in accordance with Asaba custom.

4. An order of court that the 3rd defendant renders account of all monies received from the structure erected on the land.

5. An order of court that the 3rd defendant remove…

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