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ABIGAIL NKEM OSAKWE v. FRANCIS DUBEM NWOKEDI & ANOR

(2018) LPELR-45054(CA)

In The Court of Appeal of Nigeria

On Friday, the 13th day of July, 2018

CA/E/168/2014


Before Their Lordships

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


Between

ABIGAIL NKEM OSAKWE - Appellant(s)

AND

1. FRANCIS DUBEM NWOKEDI
2. MR. NAYOKA - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Conveyancy Law.
FACTS:
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 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 father's 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 the Defence and a Defence to the counter claim on 29th November, 2007.

The Respondents filed the statement of defence of the 1st and 2nd Defendants and counter-claim on 27th November, 2007.

In proof of her case, the Appellant called two witnesses, Pw1 and she gave evidence as Pw2 while three exhibits were tendered through her. While the Respondents in proof of their defence and counter claim fielded five witnesses and tendered six exhibits.

Issues were joined and after the hearing of the case, the trial Court on 20/12/13 dismissed the Appellant's case and entered judgment in favour of the 1st Respondent granting part of the counter claim.

Dissatisfied, the Appellant appealed to the Court of Appeal.

ISSUES:
The Court considered the following lone issue in the determination of the appeal:
1. Whether the learned trial Court was right in holding as it did that the case of the Appellant was without merit and in dismissing the same and also for finding that the said building in dispute is family property.
DECISION/HELD:
In the final analysis, the Court of Appeal in a unanimous decision dismissed the appeal.


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