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PRINCE VAL BASSEY ADAM III V. ITA OFFIONG OKOHO BASSEY EWA HENSHAW ICON LTD (Merchant Bankers) KNIGHT FRANK & RUTLEY NIGERIA

(2007) JELR 57671 (CA)

Court of Appeal  •  CA/C/133/2000  •  5 Jun 2007  •  Nigeria

Coram
NWALI SYLVESTER NGWUTA JCA (Presided) JEAN OMOKRI JCA MOJEED ADEKUNLE OWOADE JCA (Read the Lead Judgment)

Judgement

OWOADE JCA (Delivering the Lead Judgment): This is an appeal against the decision of Ilok J sitting at the Calabar Division of the High Court of Cross River State in suit No. C/532/96 delivered on the 31st March, 2000.

The appellant who was plaintiff before the lower court issued a writ of summons dated 25th October, 1996 against the defendants/respondents. The writ of summons was followed by a statement of claim seeking the following reliefs jointly and severally against the defendants for the injury suffered, losses, inconveniences, discomfort and damages as follows:

1. A declaration that the judgment in suit No. C/440/96 of 30th September, 1996 was obtained by fraud. The reason being the 1st and 3rd defendant in the said suit colluded to permanently injure the plaintiff’s reversionary interest in the subject matter of the suit by refusing to disclose plaintiff’s said interest in the subject matter of the suit to the court.

2. An order setting aside the said judgment.

3. A declaration…

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