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OSEGBUE
V.
ONONYE & ORS

(2018) JELR 38440 (CA)

Court of Appeal 16 Jul 2018 Nigeria
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Case Details

Suit Number:CA/E/214/2016
Judges:OYEBISI FOLAYEMI OMOLEYE JCA JAMES SHEHU ABIRIYI JCA SAIDU TANKO HUSSAINI JCA
Counsel:F. N. Chike-Osegbue For the Appellant; Steven Onyechi Ononye for the 1st to 3rd Respondents; C. Obi for the 4th Respondent.

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 28th January, 2016 in the High Court of Anambra State holden at Ekwulobia in suit No. 0/29/2013.

The claim of the 1st to 3rd Respondents as plaintiffs in the High Court (the Court below) against the 4th Respondent and the Appellant as 1st and 2nd Defendants was for the following:

(a) A declaration that the purported transaction made by the defendants over renewal of lease or review of rent with respect to the lease of No. 61 New Market Road, Onistha (sic) without the consent and knowledge of the plaintiffs family and without paying to the plaintiffs the 20% of annual rent payable to the 2nd defendants family due to the plaintiffs is null and void.

(b) A declaration that the plaintiffs are entitled to statutory right of occupancy over the property known as No. 61 New Market Road, Onitsha which said property is subject to Mgbelekeke kola tenancy land tenure system.

(c) Forfeiture …

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