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OTU & ANOR

(2018) JELR 38365 (CA)

Court of Appeal 20 Jul 2018 Nigeria
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Case Details

Suit Number:CA/C/61/2014
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:Effiong Udofia, Esq. For Appellant Francis Ekanem, Esq. with him, Sikan Usanga, Esq. For Respondent

STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Akwa Ibom State High Court sitting at Uyo, in Suit No. HU/213/2008.

The Appellants were the Defendants at the Court below while the Respondents were the Plaintiffs.

The suit is in respect of a parcel of land known as Ndon Owok situate at Usung Urua Edemetaha in Nung Oku Ibesikpo in Ibesikpo Asutan Local Government Area of Akwa Ibom State. The suit was originated through a writ of summons issued out by the Court below on 14th day of May, 2008. The reliefs of the Respondent against the Appellant were couched as follows:-

(a) A DECLARATION that the 2nd and 3rd Plaintiffs are the persons entitled to statutory or customary right of occupancy over the parcel of land known as and called Ndon Owok situate being and lying along Usung Urua Edemetaha at Nung Oku in Ibesikpo Asutan Local Government Area of Akwa Ibom State.

(b) A DECLARATION that the transfer of interest on the said land by the 1st…

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