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OKOROAFOR & ORS.
V.
UDENSI & ANOR

(2013) JELR 35895 (CA)

Court of Appeal 22 Feb 2013 Nigeria
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- The Appellants appealed against the judgment of the Abia State High Court, which rejected a document tendered as a purchase receipt on the basis that it did not indicate any financial transaction or consideration. - The contested document

Case Details

Suit Number:CA/OW/124/2011
Judges:MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria
Counsel:Mike Okezie For Appellant H. A. Nwokocha For Respondent

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Abia State High Court presided over by Hon. Justice S. A. Nwakaffio, delivered on the 23rd day of February 2011.

In brief, the Appellants who are defendant before the Abia State High Court, brought appeal, challenging the ruling delivered on the 23rd February, 2011, wherein the learned trial judge rejected document sought to be tended by the Defendants/Appellants in this appeal, on the ground that the said document does not qualify as purchase receipt.

Appellants brief of argument filed on 7th June 2012, was settled by learned counsel Mike Okezie, counsel distilled the following issues for determination:

"1. Whether or not the document rejected, does not qualify as a purchase receipt, because there is no indication of financial transaction on the face of it.

2. Whether or not a land document not registered can be admissible in evidence as a purchase receipt."

The Respondents bri…

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