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PAULINA SEBASTIAN AKPAN v. MRS. ANTHONIA ALPHONSUS ETIM UDOH

(2007) JELR 33379 (CA)

Court of Appeal  •  CA/C/122/2006  •  20 Jun 2007  •  Nigeria

Coram
VICTOR AIMEPOMO O. OMAGE JCA; NWALI SYLVESTER NGWUTA JCA; MOJEED ADEKUNLE OWOADE JCA;

Judgement

OWOADE J.C.A. (Delivering the Leading Judgment:): This is an appeal against the decision of the Honourable Justice Enefiok Udoh of the High Court Akwa Ibom State, Eket Judicial Division dated 25th April, 2002, dismissing the appellant's suit.

The appellant and her deceased mother took out a writ of summons as plaintiffs against one Alphonsus Etim Udo as defendant before the lower court on 26th April, 1995. From the printed record. the writ of summons was followed by an amended statement of claim dated 8th December, 1995 wherein the plaintiff's claim from the defendant in addition to special and general damages, an order cancelling, nullifying and/or setting aside the certificate of occupancy

No. UY/1561/94 dated the 23rd day of July, 1994 and registered as No. 93 of page 93 in volume 100 of the register of deeds kept in the Lands Registry in the office of Uyo, granted to the defendant in respect of property in dispute and

(iv) An order of perpetual injunction to restrain the defendant…

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