MR. EFFIONG AKPAN & ORS V. DR. ESENOWO JOHNSON ESENOWO

STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment): The Appellants have appealed against the judgment of the High Court of Akwa Ibom State in Suit No. HEK/113/2013 delivered on the 15th June, 2015 by T. Obot,J.

The Appellants were the Claimants while the Respondent was the Defendant before the Lower Court.

The claim of the Appellants at the Lower Court is from the record of appeal as follows:

1. A DECLARATION that the lease agreement between the parties hereof dated 15th January, 1975 and duly registered as No. 9 at page 9 in Volume 10 and amended by agreement dated 16th September, 1975 which said amendment was duly registered as No. 13 page 13 volume 10 in the land registry, Calabar is void for breach of obligation to pay rent on the part of the Defendant.

2. A DECLARATION that the Plaintiffs are entitled to possession of the land, subject matter of the lease forthwith.

3. AN ORDER on the Defendant to vacate the land, subject matter of the lease forthwith.

4. AN ORDER of perpetua…