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ETUKUDO & ANOR
V.
UDOAKAGHA

(2012) JELR 48558 (CA)

Court of Appeal 11 Jul 2012 Nigeria
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Case Details

Suit Number:CA/C/92/2010
Judges:UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria
Counsel:Livinus Udofia Esq, For Appellant Akpadiah Etukakpan Esq. For Respondent

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Akwa Ibom State, Eket Division delivered on 10th February, 2010 in Suit No. HEK/100/2000 which was commenced by the respondent and one Unanaubo Mkponne Udoakagha who died before the conclusion of the trial court. By the Writ of summons filed on 30/5/2000, and paragraph 33 of the Statement of Claim filed on 4/5/2001, the plaintiffs had sought the following reliefs against the defendants who are now the appellants:

"1. Declaration that the plaintiffs are the persons entitled to the Statutory Right of Occupancy over the parcel of land called Ekpad Ayih along Grace Bill Road, Ahafa Eket in area specifically known as Atan Ekpene in Ekpene Afaha Eket in Eket Local Government Area.

2. The sum of N500,000.00 (Five Hundred Thousand Naira) being special and general damages for trespass on the land.

3. An order of perpetual injunction restraining the defendants, by themselve…

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