DUKE
V.
AMBO

(2013) JELR 57684 (CA)    

Court of Appeal  ·  CA/C/265/2012 ·  30 May 2013 ·  Nigeria
CORAM
MOHAMMED LAWAL GARBA JCA (Presided) JOSEPH TINE TUR JCA (Read the Lead Ruling) ONYEKACHI A. OTISI JCA
Core Terms Beta
evidence
appeal
further evidence
appellants
fresh evidence
lower court
court of appeal
federal supreme court
court of appeal rules
notice of appeal
trial court
1st appellant
statement of claim
statement of defence
additional evidence
grounds of appeal
high court
oral examination
applicants’ counsel
call evidence
learned counsel
learned trial judge
special circumstances
support of the application
2nd appellant
additional evidence shows
additional grounds
brief of argument
case of the applicant
claimants’ claim
course of trial
defendants’ acts
english word
fair hearing
favour of the claimants
following issues
following orders
following terms
high court of justice of a cross river state
judgment of the trial court
laws of the federation of nigeria
leave of this court
limitation law of cross river state
notice of further hearing of the case
respect of the said land
such further evidence
supreme court
trial court of jurisdiction
trial high court

TUR JCA (Delivering the Lead Ruling): The High Court of Justice of A Cross River State, holden at Calabar presided over by Ogar, J., entered judgment in favour of the claimants/applicants/respondents on 27 September 2012 over a piece of land situate at No. 19/20 Abitu Avenue, Calabar and made the following orders:

“In the result, I find and hold that the claimants’ claim succeeds. I therefore enter judgment for the claimants and against the defendants in the following terms:

A declaration that the claimants are entitled to a statutory right of occupancy over the piece or parcel of land situate and lying at No. 19/20, Abitu Avenue, Calabar , same being Efut communal land.

The conveyance made on 5 April 1974 between Princess Uduak Duke Ephraim as Head of King Duke family, Calabar and others in favour of Mrs. Martha Anita, and registered as No. 30 at page 30 in volume 62 of the Lands Registry in the office at Calabar, in respect of the said land delineated in survey plan No. RIM/1668 date…

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