NDEM & ORS.
V.
NKPINANG & ORS.

(2000) JELR 43998 (CA)    

Court of Appeal  ·  CA/C/59/98 ·  22 May 2000 ·  Nigeria
 · 
Other Citations
Ndem v. Nkpinang (2001) 2 NWLR (Pt.698)451
CORAM
DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria OKWUCHUKWU OPENE Justice of The Court of Appeal of Nigeria SIMEON OSUJI EKPE Justice of The Court of Appeal of Nigeria
Core Terms Beta
dispute
plaintiffs
evidence
case
learned trial judge
acts of ownership
esuk inwang
esuk inwang okon eyo
leading judgment
traditional history
evidence of traditional history
9th defendants
evidence act
exhibit c
evidence of the pw1
laws of the federation of nigeria
local government area
lower court
ndom ebom people
oil palm mills
suit no.c
trial court
court of trial fails
cross river state high court
disputed piece of land
due trial
end of this judgment
facts of this case
following terms
further acts of trespass
instant appeal
long period
maximum acts of ownership
order of this court
people of ndom ebon
perusal of the record of appeal
plaintiffs claim
present location
proper evaluation of evidence
rightful owners of the land
see ajumobi ogundulu
such shrines
suit no. hu
support of the pleaded facts
survey plan exhibit
survey plan of the disputed land exhibit
testimonies of the pw2
traditional histories of the parties
village ndom ebom

EDOZIE, J.C.A. (Delivering the Leading Judgment): By a writ of summons in suit No. HU/4/85 filed on 4th February, 1985, in the then Cross River State High Court holden at Uyo, the people of Ndom Ebon represented by seven persons as plaintiffs took out an action against another group of seven persons being representatives of Ekeya Okobo community as defendants joining as 8th and 9th defendants respectively the Commissioner of Police Cross River State Command and the Inspector-General of Police. As articulated in paragraph 50 of the statement of claim, the reliefs sought are in the following terms:-

"50. Where for the plaintiffs claim against the defendants jointly and severally as follows:-

1. A declaration that the plaintiffs are rightful owners of the land in dispute and are entitled to the Customary Certificate of Occupancy over the land in dispute called 'ESUK INWANG OKON EYO'

2. N1,000,000.00 (One million Naira) being special and general damages for trespass.

3. A perpetual injunc…

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