HAMMA AKAWU BARKA, JCA (Delivering the Leading Judgment): The instant appeal is against the judgment of Hon. Justice Akon Ikpeme sitting at the Akamkpa Judicial division of the Cross River State High Court in suit No. HC/97/2007; between Victor Samuel Jaja vs. Calabar Urban Development Authority (CUDA) & 4 Ors., delivered on the 17th of February, 2014; Whereof, the Claimants claim was dismissed.
As can be gleaned from the records, the appellant herein, a brick layer who carries on his business at Plot 12 Ayamudua Estate, Calabar Municipality of Cross River State, was alleged to have been approached by Agents of the 1st Respondent, directing him to relocate his business though not served with any notice as required by law.
Apprehensive of what the respondent could do, appellants instituted suit No. HC/31/2007 against the 1st Respondent challenging its directive to it vacate the business premises. On the 30/1/07, the application was heard and granted exparte, restraining the respondents…