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OFFIONG & ORS
V.
EKPO & ANOR

(2017) JELR 37317 (CA)

Court of Appeal 4 Jul 2017 Nigeria
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- The dispute concerned title and possession over land at No. 36 Garden Street, Calabar, with both parties claiming entitlement, seeking declarations, damages for trespass, and injunctive relief. - The trial Court dismissed the Respondents’

Case Details

Suit Number:CA/C/366/2014
Judges:IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria JOSEPH OLUBUNMI KAYODE OYEWOLE Justice of The Court of Appeal of Nigeria
Counsel:O. A. Ochi Esq. For Appellant Chief Ekpenyong E. Ndiyo, Esq. For Respondent

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A.(Delivering the Leading Judgment): The High Court of Cross River State delivered a judgment on May 9, 2014 in Suit No. HC/137/2007. By the said judgment, the Court below, Coram Obojor Ogar, J; granted the Respondents' claim for trespass against the Appellants. The instant appeal is against the judgment in question.

BACKGROUND FACTS

On April 24, 2007, the Respondents instituted the said suit vide a writ of summons, thereby seeking declaratory and injunctive reliefs against the Appellants. By the Amended Statement of claim thereof, filed on 05/02/2009, along with the amended writ of summons, the Respondents claimed for:

i. A declaration that the plaintiffs are entitled to the statutory right of accompany to all that land situate at and known as No. 36 Garden Street, Calabar which said land is more particularly delineated and edged red in Survey plan No. JEJ/CR/10612 drawn by Chief J. E. J. Asuquo.

ii. N10 Million being general damages for trespass by the…

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