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MR. EGAR EGAR AJAR & ANOR v. MR. BASSEY AYIP

(2016) JELR 41627 (CA)

Court of Appeal  •  CA/C/276/2013  •  18 Feb 2016  •  Nigeria

Coram
ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI 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, Ikom Judicial Division, delivered on the 8th of July, 2013 by Eneji, J.

The case arose out of a dispute in 2010 between two family members of the Nebom Family of Nde 3 Corners, Ikom, Ikom Local Government of Cross River State, over a piece or parcel of farmland called Akpanga Ekawon Farm Land situate at Mbofam along Nde Town Road, Nde, in Ikom Local Government of Cross River State.

The trajectory of the said dispute began at the District Customary Court of Nde/Nkum holden at Mgbaka, Cross River State where the present respondent commenced action against late Chef Egar Aja, the now deceased father of the appellants in this appeal.

At that Customary Court, the relief sought by the respondent was captured on page 3 of the record of appeal simply as follows;

The plaintiff's claim against the defendant for an injunction restraini…

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