(2021) JELR 108935 (CA)    
Court of Appeal  ·  CA/C/80/2016 ·  5 Nov 2021 ·  Nigeria
James Shehu Abiriyi Justice of the Court of Appeal Muhammed Lawal Shuaibu Justice of the Court of Appeal Ademola Samuel Bola Justice of the Court of Appeal

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 13th January, 2016 in the High Court of Cross River State in the Calabar Judicial Division sitting at Calabar in Suit No. HC/289/2009 before E. O. Abua, J. In the High Court (the Court below), the Appellants were the Claimants. The Respondents were the Defendants/Counter-claimants.

The Appellants claimed special damages and general damages for crops destroyed and trespass to land against the Respondents and an order of perpetual injunction restraining the Respondents from further trespassing into the Appellants’ land covered by a Survey Plan No. AEE/CR/31/97.

The Respondents counter-claimed for declarations that they are the persons entitled to the land described in reliefs (i) and (ii), a declaration that they Appellants’ acts of violence and trespass into the land of the Respondents was unlawful, oppressive and unconstitutional, an order of perpetual injunction restraining t…

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