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EKPENYONG & ANOR
V.
OBANYA & ANOR

(2013) JELR 35778 (CA)

Court of Appeal 11 Apr 2013 Nigeria
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Case Details

Suit Number:CA/C/176/2010
Judges:UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria ONYEKACHI A. OTISI Justice of The Court of Appeal of Nigeria
Counsel:E. H. Andrew, Esq. For Appellant O. O. Ironbar, Esq. For Respondent

UZO I NDUKWE-ANYANWU, J.C.A: This is an appeal against the judgment of the High Court of Cross River State sitting in Calabar in suit No.HC/299/2007 delivered on 6th day of October, 2009. The 2nd Appellant's father leased a large parcel of land to the 1st Appellant's father. Part of this land is this land in dispute in this appeal registered as No.97 at page 97 in volume 116 at the Land Registry, Calabar. In 1977, Chief Iban Amanso applied and was joined as the 12th Defendant in suit No.C/88/1976.

The claim of Kasuk Qua Clan was for a declaration of title for the vast land including this one in dispute. Also the Plaintiffs claimed for damages for trespass and for an order of injunction.

At the trial Court, judgment was given in favour of the claimant, Kasuk Qua Clan. The defendants filed an appeal No.CA/C/210/1996 in the Court of Appeal and the decision was reversed. The Kasuk Qua Clan filed an appeal in the Supreme Court No.SC/92/2002 and still lost. The Supreme Court in affirming th…

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