OKON & ANOR
V.
OKON

(2021) JELR 108942 (CA)    
Court of Appeal  ·  CA/C/28/2018 ·  2 Nov 2021 ·  Nigeria
CORAM
James Shehu Abiriyi Justice of the Court of Appeal Muhammed Lawal Shuaibu Justice of the Court of Appeal Ademola Samuel Bola Justice of the Court of Appeal

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling/judgment of the High Court of Akwa Ibom State, in the Okobo Judicial Division holden at Okobo. In the High Court (the Court below), the Respondent was the claimant while the Appellants were the Defendants.

In the Court below, the Respondent claimed against the Appellants for a declaration that he had customary right of occupancy over the piece of land in dispute, an order setting aside the arbitral award purporting to divest ownership of the disputed land from him and transferring same to the Appellants, an order of perpetual injunction restraining the Appellants from further trespassing on the land and N500,000.00 general damages for trespass.

According to the Respondent, the 1st Appellant is his younger brother. The 2nd Appellant is the wife of the younger brother. He (Respondent) leased a piece of land to the 1st Appellant on the latter’s return from Kaduna where he had been resident to e…

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