NKUTE & ORS.
V.
NDEM

(2009) JELR 46545 (CA)

Court of Appeal 17 Mar 2009 Nigeria
BriefBot icon

BriefBot Summary

Free

- The respondent sought and was granted leave by the High Court of Cross River State to prosecute contempt proceedings against the appellants in a representative capacity, regarding alleged trespass on land awarded to Eyo Ndem House in the

Case Details

Suit Number:CA/C/176/2006
Judges:KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria JEAN OMOKRI Justice of The Court of Appeal of Nigeria THERESA N. ORJI-ABADUA Justice of The Court of Appeal of Nigeria
Counsel:F.A. Esu, Esq.,W.S. Ogar, Esq.,E. A. Echatan, Esq.,O. J. Obasi, Esq., For Appellant U.A. Uno, Esq., For Respondent

JEAN OMOKRI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of Binang, J. of the High Court of Cross River State, sitting at Calabar in Suit No. HC/MISC/63/96 delivered on the 6/4/98, wherein the respondent was granted leave to prosecute his case in a representative capacity against the appellants.

The respondent had instituted proceedings against the appellants in Suit No. 210/25: Utang Nyok Esu v. Ekpeyong Ekpenyong Eyo II, before the Creek Town District Court in 1925 claiming ownership of Nyok Eyo land, lying and situate at Edik Iko, Creek Town, in Odukpani Local Government Area of Cross River State. Judgment was given in favour of the Eyo Ndem House. The present respondent alleged that the appellants trespassed into the land which title was given to Eyo Ndem House by the Creek Town District Court in Suit No. 210/25. Sequel to this, the respondent filed a motion ex parte before the trial court on 26/3/96, praying for an order granting leave to them …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.