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MBANG
V.
OFFIONG

(2012) JELR 34839 (CA)

Court of Appeal 6 Nov 2012 Nigeria
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- The appellant lodged an appeal against a ruling in favor of the respondent in a trespass, damages, and perpetual injunction case. - The respondent claimed that the appellant trespassed on a piece of land that was granted to the respondent

Case Details

Suit Number:CA/C/57/2011
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria
Counsel:B. Olusegun For Appellant N.O. Amah with Ita E. Aye; Mrs. B. Arikpo For Respondent

JOSEPH TINE TUR, J.C.A.(Delivering the Leading Judgment): The appellant was the defendant and the Respondent the plaintiff before the High Court of Justice, Calabar, Cross River State. The appellant lodged an appeal against the ruling of Hon. Justice Idem Inyamba - J., (as he then was) delivered in favour or the Respondent on 18th December 2007. The Respondent founded his claim in trespass, damages and perpetual injunction. The writ of summons was filed on 21st December, 2004 supported by a statement of claim. The Statement of Claim was on diverse occasions amended with leave of the Court. The Respondent's claim in the Further Amended Statement of claim of 22nd February, 2007 relates to plot No.30 Spring Road, also known as "Essien Etim of Offiong Avenue" Calabar, Cross River State. The appellant also filed a statement of Defence on 21st February, 2006 denying liability. The Respondent's Reply to the statement of Defence was filed on 20th March, 2006. The Appellant was granted leave b…

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