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AKPAN
V.
OTONG

(1996) JELR 39919 (SC)

Supreme Court 13 Dec 1996 Nigeria
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- Plaintiffs (appellants) sought a declaration of title, damages for trespass, and injunction over the parcel of land known as "Abasi Uta Ikot Ekpe" in Ikot Ekpe, Cross River (now Akwa-Ibom) State. - The trial court found for the plaintiffs

Case Details

Suit Number:SC.194/1991
Judges: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
Counsel:Chief E. Edet For Appellant I.A. Inyang, Esq. For Respondent
Other Citations:Akpan vs. Otong (1996) 10 NWLR (Pt.476) 108

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…

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