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…

OSAKWE V. NWOKEDI & ANOR

OSAKWE
V.
NWOKEDI & ANOR