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(2022) JELR 109937 (CA)

Court of Appeal  •  CA/C/63/2014  •  26 Aug 2022  •  Nigeria

Raphael Chikwe Agbo JCA Muhammed Lawal Shuaibu JCA Balkisu Bello Aliyu JCA


MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Cross-River State, sitting at Obubra delivered by Hon. Justice E. I. Kofreh on 17th day of December, 2013 granting the claimant’s reliefs and dismissing the defendants’ counter-claim. 

The claimant claims against the defendants jointly and severally for declaration of title to land, perpetual injunction and damages. The claimant claims in paragraphs 15 and 16 of his statement of claim as follows: 

“15. The Defendants erroneously/mischievously flaunting the order of this Court in HB/MISC.6/2011 made on 05/12/2011 as awarding them title to the said land entered the land and started felling the claimant’s palm trees situate on the land threatening bloodbath if the claimant or anybody else dares to stop them from their scheme of maliciously destroying the claimant’s economic tress and farms on the land and eventually dispossessing him therefrom.

16. In furtherance to t…

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