(2018) JELR 38785 (CA)    

Court of Appeal  ·  CA/C/264/2015 ·  29 Jun 2018 ·  Nigeria
CHIOMA EGONDU NWOSU-IHEME 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
Core Terms Beta
part judgment
statement of defence
trial court
sole issue
learned trial judge
chioma egondu nwosu-iheme
deeds of assignment
high court of cross river state
ishie community bank
statement of claim
access roads
appellants counsel
appellants ishie community bank account
application of the claimant
bank account
case of the respondent
civil procedure
civil proceeding of the truth of an alleged fact
community land
cross river state high court
e. h. andrew esq
government of cross river state
joseph olubunmi kayode oyewole
leading judgment
ltd v. n.d.i.c
michael afu esq
ministry of lands
power of attorney
refund of their monies
respondent pastor isua akpaso
result of failure
said land
said part judgment
specific instructions
stephen jonah adah
such orders
summary of relevant facts
total sum of n9,340,000.00
trial judge
unequivocal admission of the respondents claim
various buyers
various police stations
view of the admission
witness depositions of the liability of the appellants

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Respondent as Claimant at the trial Court claimed against the Appellants as Defendants, reliefs, damages, costs. (See page 2 of the Records).

The learned trial Judge B. T. Ebuta, J, of the Cross River State High Court, Calabar entered part judgment on the Application of the Claimant (Respondent herein) on the 19/10/2015 based on the pleadings, Statement of Defence and witness depositions of the liability of the Appellants to the Respondent to the tune of Six Million Naira.

This appeal is predicated on the said part judgment.


The Respondent as Claimant at the Trial Court filed a writ of summons and statement of claim in this suit on the 10th of March, 2014. The case of the Respondent as presented at the trial Court was that the Respondent an Estate Surveyor, Valuer and Property Consultant was approached by the Appellants to open up their community land, design a layout, get approval from the…

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