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MR. BASSEY EDET AKPAN v. MR. JOSEPH EFFIONG UDO

(2021) JELR 106864 (CA)

Court of Appeal  •  CA/C/385/2016  •  11 Feb 2021  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE, JCA JAMES SHEHU ABIRIYI, JCA MUHAMMED LAWAL SHUAIBU, JCA

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 21st June, 2016 in the High Court of Akwa Ibom State holden at Uyo. In the High Court (the Court below), the Appellant was the plaintiff. The Respondent and one other person were the Defendants. The Respondent was the 1st Defendant.

The claim of the Appellant was for declaration of title to the land in dispute, general damages for trespass and an order of perpetual injunction restraining the Respondent and one other defendant from further acts of trespass into the land.

The case of the Appellant in the Court below was short. According to him, he had earlier allowed the Respondent to use his land. The Respondent returned the land to him at his request after twenty years. After returning the land to him, the Respondent later stealthily returned into the land and started excavating it preparatory to putting up a structure.

​In his defence, the Respondent denied returning into the …

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