ORLU
V.
GOGO-ABITE

(2002) JELR 44714 (CA)    

Court of Appeal  ·  CA/PH/197/95 ·  5 Mar 2002 ·  Nigeria
CORAM
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
evidence
exhibit f
james orlu
learned trial judge
counsel
document
nsukka street
exhibit
ikwerre native law
port harcourt
admissibility of a document
irrevocable power of attorney
native law
statement of claim
abandoned property
aboyi john ikongbeh
admitting of the irrevocable power of attorney
appellant lead
appellant.learned counsel
assignment of the said property
claim of the appellant
eastern nigeria government
end of the trial
exhibit d
exhibit l
exhibit of a. reliance
first son of his father
government of eastern nigeria
high court of rivers state
illiterate person
illiterate protection law
leading judgment
legal authorities
meaning of the law
michael eyaruoma akpiroroh
ministry of lands
new building lease
ors v
port harcourt judicial division
property rates
rivers state government
suit no. phc
then governor of eastern nigeria
traditional evidence of his title
urum kalu
written contract

MICHAEL EYARUOMA AKPIROROH, J.C.A. (Delivering the Leading judgment): This is an appeal against the decision of Nngbukwu J. (as he then was) of the High Court of Rivers State in the Port Harcourt Judicial Division delivered on 10th April, 1991 in Suit No. PHC/171/86 dismissing the Appellant's claim.

The claim of the Appellant in paragraph 13 in his Statement of Claim is as follows:

(a) "A declaration that the Plaintiff is entitled to the statutory right of occupancy over and in respect if the property known as No. 21 Nsukka Street, Mile 1, Diobu, Port Harcourt.

(b) A declaration that No. 21 Nsukka Street, Mile 1, Diobu, was never an abandoned property within the meaning of the law and that the; purported sale or assignment of the said property to the Defendant by the Rivers State Government or its agent is null and void.

(c) A perpetual Injunction restraining the Defendant by himself or his agents or servants from interfering with the Plaintiff is use and enjoyment of the said propert…

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