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Udo Esen Akpan Akpakpan v. Akpan Akpan Akpakpan

(2009) JELR 33447 (CA)

Court of Appeal  •  CA/C/44/2008  •  5 May 2009  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; MOJEED ADEKUNLE OWOADE JCA; THERESA N. ORJI-ABADUA JCA;

Judgement

M. A. Owoade J.C.A (Delivering the Leading Judgment): The Respondent as Plaintiff before the lower court issued a writ of summons against the Defendant/Appellant on 3rd June, 2005. This was followed by a statement of claim filed on 15/3/2007 in which the Plaintiff/Respondent in his paragraph 25 claimed against the Defendant / Appellant as follows:

25. Whereof the Plaintiff has suffered damages and claims against the Defendant as follows:

(a) A sum of N1,000,000.00 (One Million Naira) being general damages for trespass in that between the months of March, 2005 and May, 2005 and March, 2007 the Defendant either by himself, his agents and or servants or others however without any let, licence or permission of the plaintiff broke into and entered upon "lkure Akpan Akpakpan" lying and situate at Ikot Ebiekot family, Ikot Ekpene Ten Family village or No. 61 Abak Road, Ikot Ekpene which is the exclusive and undisturbed possession of the Plaintiff and cleared same and heaped some trips of san…

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