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CHIEF THOMAS I. AGOM & ORS v. MR. NKONG UDAM & ORS

(2015) JELR 36700 (CA)

Court of Appeal  •  CA/C/85/2013  •  4 Mar 2015  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; ONYEKACHI AJA OTISI JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is in respect of an appeal against the judgment of the High Court of Cross-River State sitting at Ogoja and presided over by Ita J. The appellants as claimants had taken out a writ of summons on behalf of themselves and the Ikajor-Adagom Community, Adagom, Ogoja, Cross-River State against the 1st respondent as the only defendant, claiming the following reliefs;

1. A declaration that the claimants are the owners from time immemorial of the three building plots lying and situate at Ikajor-Adagom, Ogoja more particularly lying behind Nomardic Primary School, Ikajor-Adagom, Ogoja.

2. A declaration that the act of the defendant entering into the claimants three plots of land to build and plant palms without leave, license, consent or authority of the claimants amounts to trespass by the defendant.

3. An order evicting defendant from the claimants' land lying and situate at Ikajor-Adagom, Ogoja more particular…

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