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CHIEF ITA OKON AQUA V. CHIEF DAVID EKANEM

(2008) JELR 48888 (CA)

Court of Appeal  •  CA/C/29/2008  •  27 Dec 2008  •  Nigeria

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

Judgement

M. A. OWOADE, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice Philomena Ekpe delivered on 21st December, 2007 at the Akpabuyo Judicial Division of the High Court of Cross River State.

The Respondent as Plaintiff before the lower court issued a writ of summons accompanied by a Statement of claim against the Defendant/Appellant on 18/3/2005.

The claim of the Plaintiff/Respondent' became crystallized in his Amended Statement of claim of 21st February 2006.

14. Whereof the Plaintiff. claims against the Defendant as follows:

(a) The sum of N10,000,000.00 (Ten Million Naira) in that the Defendant without any lawful excuse, reason license or authority entered the Plaintiff's land situate and lying at Edik Idim Ikot Effanga in Akpabuyo Local Government Area.

(b) Perpetual injunction restraining the Defendant whether by himself, servants, workers, agents, or otherwise whosoever from further acts of trespass and on doing anything inconsistent with…

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