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OKPE
V.
UMUKORO

(2013) JELR 35469 (CA)

Court of Appeal 26 Nov 2013 Nigeria
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- This is an appeal against a ruling of the Delta State High Court. - The appeal is based on the argument that the power of attorney relied upon by the claimant to commence the suit is not a registrable instrument. - The appellant argues th

Case Details

Suit Number:CA/B/224/2012
Judges:HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria
Counsel:M.E. ORUMA For Appellant D.A. DUATA with him MISS A.A. FOLE For Respondent

HELEN MORONKEJI OGUNWUMIJU, JCA (Delivering the Leading Judgment): This is an appeal against the Ruling of the Delta State High Court delivered by Hon. Justice (Mrs.) U.E. Akperi on 17th of May, 2012. The facts that led to this appeal are as follows:

The Respondent was the claimant at the trial court who filed a writ of summons on which was endorsed a claim for declaration of title to a parcel, damages for trespass and an order of perpetual injunction. Parties filed pleadings and issues were joined by the parties. The matter went for pre trial conference and trial proper commenced on the 5th of October, 2011 with the Respondent as claimant opening his case. He sued through his attorney, one Madam Esther Umukoro. Madam Umukoro tendered the power of attorney in evidence as Exhibit A. It was tendered without any objection. The Respondent through the attorney concluded his evidence on 2nd November, 2011, called a second witness and closed his case. The case was adjourned to 28/11/2011 for…

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