(2011) JELR 46031 (CA)    

Court of Appeal  ·  CA/C/50/2009 ·  6 Apr 2011 ·  Nigeria
JA'FARU MIKA'ILU Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria
Core Terms Beta
chief judge of high court of justice
trial court
1st appellant
hearing of the matter
leading judgment
fair hearing
absence of address
learned trial judge
respectful view
favour of the plaintiff
given circumstances of this case
issued writ of summons
view of the foregoing
next adjourned date
grounds of appeal
record of appeal
fair trial
notice of appeal
judgment of his lordship
view point
statutory right of occupancy
appellate court
leave of this court
grant of declaration of entitlement
learned counsel
appeal matter
present respondent
ho service of court process
similar manner
suit no. hc
lower court
said judgment
statement of claim
second issue
eta okon street
breach of contract
erection of a permanent church building
crucial point
bounden duty
service of the requisite court process
given circumstance
following dates
defendants activities

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of His Lordship, D. N. Eyamba Idem, Chief Judge of High Court of Justice, Calabar, delivered on 16th May, 2006 in Suit No. HC/396/2003, wherein judgment was entered in favour of the plaintiff by the grant of declaration of entitlement to the statutory right of occupancy in respect of the land situate at No. 4 Eta Okon Street, Calabar, Calabar South Local Government Area, declaration that the erection of a permanent church building thereon by the defendants is illegal and the award of N15,000.00 as general damages.

At the trial court, the reliefs claimed by the plaintiff against the defendants as endorsed on the issued writ of summons and paragraph 13 of the statement of claim subsequently filed thereto are reproduced below:

"(13) The defendants activities on the land particularly the illegal erection of a permanent church defendants trespassers and liable to damages.

Consequent u…

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