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ENGR. U. ALIYU & ORS V. CHIEF DAVID U. ITAUMA & ANOR

(2008) JELR 42846 (CA)

Court of Appeal  •  CA/C/172/2007  •  27 Nov 2008  •  Nigeria

Coram
JEAN OMOKRI JCA; MOJEED ADEKUNLE OWOADE JCA; THERESA N. ORJI-ABADUA JCA;

Appearances
Samuel J. Ikpo, Esq. For Appellant Mrs. Glory Udonnah For Respondent

Judgement
<p>M. A. OWOADE J.C.A (Delivering the leading : ): This is an appeal against the judgment of G. K. Olotu J. delivered on the 27th day of June, 2007 at the Federal High Court, Uyo Judicial Division in Akwa Ibom State. The Respondents who were Plaintiffs in the lower court issued a writ of summons against the Appellants/Defendants on 2nd August, 1999, this was followed by a Statement of claim dated 17/7/2000 and filed on 18/7/2000. The 1st Defendant filed a Statement of defence on 24/7/2003 while the 2nd and 3rd Defendants filed their Statement of defence on the same 24/7/2003. The claims of the Plaintiffs (now Respondents) against the Defendants/Appellants crystallized in the Plaintiff&#x27;s Amended Statement of claim of 25/4/2005 wherein in its paragraph 27 it states:</p><p> 27. The Plaintiffs are entitled to compensation, which is being denied them by the Defendants, wherefore they claim against the Defendants jointly and severally as follows:</p><p> (a) A declaration that the Plaintiffs, as landlo…</p>

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