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EKPE & ORS

(2000) JELR 43981 (SC)

Supreme Court 11 Feb 2000 Nigeria
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This case involves a dispute over a piece of land known as Esuk Ikot Etuong. The respondents claimed to be the owners of the land and sought a declaration to that effect, as well as damages for trespass and an injunction against the appella

Case Details

Suit Number:SC.6/1993
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Counsel:Chief A.Fadayiro (SAN)R. N. Olekibe For Appellant U. Ekong Esq. For Respondent

EJIWUNMI, J.S.C.(Delivering the Leading Judgment): This appeal is against the judgment of the court below, wherein that court upheld the appeal of the plaintiffs/respondents in respect of the judgment of the trial court which was delivered in favour of the defendants/appellants. At the trial court the respondents claimed against the appellants for the following principal relief:-

"A declaration that they, the plaintiffs, are the radical/titular owners in possession of all that piece or parcel of land known as and called Esuk Ikotetuong (sometimes otherwise fictitiously and popularly nicknamed Esuk Ifiayong mostly by strangers to the area) and being a piece and/or portion of Idu land generally situate in Uyo Division of the Cross River State of Nigeria which Esuk Ikot Etuong aforesaid is as set out, described and/or otherwise delineated in the plan No. LSH 751 by E. Ekpenyong Esqr F.N.I.S. and licensed surveyor and dated 2nd November, 1969 being verged pink (which is the same as the on…

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