AKPAN
V.
OTONG

(1996) JELR 39919 (SC)

Supreme Court · SC.194/1991 · 13 Dec 1996 · Nigeria
·

Other Citations

Akpan vs. Otong (1996) 10 NWLR (Pt.476) 108

Akpan v. Otong (1996) 1 NWLR (Pt. 476) 108

CORAM

SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria

Core Terms ^Beta

trial court

learned trial judge

court of appeal

declaration of title

nkwot ikot umoh

court of first instance

lower court

traditional evidence

disputed land

inter alia

leading judgment

acts of possession

order of retrial

traditional history

abasi uta ikot ekpe

acts of ownership

favour of the appellants

akpan afia

judgment of the court

parcel of land

said piece of land

above error

acts of trespass

chief e. edet

chief umo akpan ukot

considered judgment

decision of the trial high court

determination of this court

dispute viz

evaluation of the evidence

evidence of arbitration

following reliefs

good reasons

high court of cross river

jurisdiction of the ikot ekpene judicial division

jurisdiction of this honourable court

necessary findings

order of injunction

plan no. esa

previous native arbitration

respondents appeal

result of a wrong approach

said acts of trespass

survey plans

third issue

trial

udo okpok udo anya

uyo high courts

ONU, J.S.C. (Delivering the Leading Judgment): In the High Court of Cross River (now Akwa-Ibom) State holden at Uyo in Suit No. HT/24/73 the plaintiffs, herein appellants, commenced an action against the respondents then defendants, claiming the following reliefs:-

"(1) A declaration of title to all that piece or parcel of land known as and called "Abasi Uta Ikot Ekpe" situated, lying and being at Ikot Ekpe in Ibiono, Itu Division within the jurisdiction of the Ikot Ekpene Judicial Division interferred with by the defendants about six months now.

(2) The sum of N1,000.00 as damages for trespass, committed by the defendants, their servants and/or their agents on the said piece of land by clearing it, digging it and planting oil seedlings a few weeks ago.

(3) An order of injunction restraining the defendants, their servants and/or their agents from further entering into the said piece of land and from repeating the said acts of trespass on the land".

After pleadings were ordered, filed…

AKPAN V. OTONG

AKPAN
V.
OTONG