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ANIETI ISAAC AKPAN & ANOR V. CYRIL OKON AKPAN & ANOR

(2014) JELR 42206 (CA)

Court of Appeal  •  CA/C/320/2011  •  13 Feb 2014  •  Nigeria

Coram
MUHAMMED LAWAL GARBA JCA; UZO I. NDUKWE-ANYANWU JCA; CHIMA CENTUS NWEZE JCA;

Appearances
A. S. Obayomi Esq. For Appellant Emeka Njoku Esq. For Respondent

Judgement

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Akwa Ibom State sitting in Uyo delivered on the 22nd of July, 2011. Two suits No HU/13/92 and HU/130/93 were filed. The Appellants herein were sued in Suit No HU/13/92 as defendants. In Suit No HU/130/93, the Appellants sued the Respondents therein. Both suits were however consolidated. The trial judge in Suit HU/13/92 gave judgment in favour of the plaintiff/respondent and dismissed the claim in HU/130/93.

The subject matter of this appeal is a plot of land situate at No 18, Oron Road, Uyo described in survey plan No: UW/AK/69/92LD tendered as Exh A. The land is also described in survey plan No AQ91/86 tendered as Exh B.

The Respondents' father had leased this plot of land to the appellants' father in 1945 for an initial term of 17 years at the rate of (One pound ten shillings per annum). This lease expired in 1962. It was renewed for another 22 years at the ra…

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