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OGAR & ORS.
V.
IGBE & ORS.

(2009) JELR 47357 (CA)

Court of Appeal 17 Mar 2009 Nigeria
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Suit Number:CA/C/35/2007
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:Matthew Ojua with J. Omang & F. Ogrinya For Appellant Joe Agi, SAN with Mrs. Affiong Onung and Miss Cecilia Etim for 1st and 2nd RespondentsIkoi Ekpo Ikona, DDCL, Cross River State with Mrs. A. Ekpo SSC II for 3rd and 4th Respondents For Respondent

KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): On 28/8/06 the Plaintiffs now appellants took out a Writ of Summons at the High Court of Cross River State, Ogoja in Suit No.HJ/31/2006 seeking, various reliefs against the Defendants/respondents contained in paragraph 13 of the Statement of Claim as follows:

13. WHEREOF the plaintiffs claim against the defendants jointly and severally as follows:

(i) A declaration that the so-called Clark's report or arbitration award is non-existent, null and void and of no consequence whatsoever.

(ii) A declaration that the State Executive Council of the Government of Cross River State has no right or colour of right to reconfirm or affirm the decision or arbitration award of H. J. S. Clark of 1947 and that the purported reconfirmation of same is ultra vires, illegal and unconstitutional.

(iii) A declaration that the purported confirmation of the decision or arbitration award of H. J. S. Clark of 1947 without hearing from the parties o…

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