Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OSAKWE
V.
NWOKEDI & ANOR

(2018) JELR 38723 (CA)    

Court of Appeal  ·  CA/E/168/2014 ·  13 Jul 2018 ·  Nigeria
CORAM
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
counsel
power of attorney
exhibit p1
family property
respondents
1st respondent
irrevocable power of attorney
learned trial judge
said property
exhibits
family house
trial judge
exhibit p2
counter claim
appellants counsel
declaration of title
exhibit d1
exhibit p3
land use act
learned trial court
order of account of all monies
said building
said no.
said power of attorney
trial court
aforesaid power of attorney
anambra state
appellants brief
appellants case
child of the deceased lives
counter-claim
deceased testator
exhibit d2
favour of the 1st respondent
former counsel
grant inter vivos
judgment of the high court of anambra state
leading judgment
letter date 18th june
nature of her interest
payment of the said amount
photocopy of power of attorney
plaintiffs fathers death
proof of her case
respondents brief of argument
result of document examination
revocation of power of attorney
second issue
valid instrument

HELEN MORONKEJI OGUNWUMIJU, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Anambra State, delivered by Hon. Justice D.O.C Amaechina on 20/12/13.

The facts that led to this appeal are as follows:

The Plaintiff now the Appellant by a writ of summons filed on the 19th of July, 2006 instituted an action against the Defendants now Respondents claiming the following reliefs:

a. An order of account of all monies collected as rent from the tenants at No. 17 Water Works Road, Omagba, Onitsha as from the plaintiffs fathers death on 16th April 2004 and payment of the said amount to the plaintiff.

b. Perpetual injunction restraining the defendants whether by themselves or by their agents and servants howsoever described from entering or encroaching into the said No. 17 Water Works Road, Omagba, Onitsha and from doing any other thing in or on the said property or collecting any further rents from any tenant therein.

The Appellant also filed a reply to…

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