Uchenna Ikegwuani & Ors V. Ichie Madubuobi Chiejina & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against part of the Judgment of Hon. Justice Umegbolu Nri Ezedi, delivered on the 27th day of February 2007, at the Anambra State High Court, Awka Division.

The suit, the subject matter of this Appeal was instituted by a claim filed on the 25th January 1996, seeking in Paragraph 22 thereof, certain declaratory reliefs and injunction against the defendant (Respondents in the present appeal), jointly and severally – pages 1 – 4 of the Record of Appeal.

SYNOPSIS OF FACTS

The Appellants, the 3rd and 4th Respondents are children of Gabriel Ogugua Ikegwuani (deceased) who died and left a will.

The Appellants allege that the will was forged and reported the 1st 3rd & 4th Respondents, and one Nwafor N. Onyeze to the police for forgery of the will. The police, after investigation found out that the will was not forged.

Thereafter the appellants instituted the suit, the subject matter of this appeal.

?The 1st, 3rd and 4th Respondents filed a joint statement of defence and counter claim, But the 2nd Respondent filed a separate statement

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of defence. After pleadings were filed and exchanged, the trial Court commenced hearing and at the trial, the Appellants called 7 (seven) witnesses while the 1st, 3rd, & 4th Respondents called 5 (five) witness.

The 3rd Respondent testified on his own behalf, and called no witness

On the 27th of February, 2007, the learned trial Judge gave judgment for the Appellants in part and dismissed the counter claim of the 1st, 3rd & 4th Respondents.

The Appellants dissatisfied with the Judgment have appealed same.

The Appellants filed their brief of Argument on the 9th of March, 2015. It is settled by K. O. Kame Esq. the 1st, 3rd & 4th Respondents filed a joint brief of Argument on the 5th of April 2016. It is settled by O. C. Ifeanya Esq.