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PATRICK EDEM ARCHIBONG THEODORE BASSEY DENNET-OWOO (SUBSTITUTED BY COURT ORDER OF 15TH MARCH 2002) AYE EFFANGAAYE (FOR THEMSELVES AND ON BEHALF OF EFOM’S FAMILY) AND EDAK EKPENYONG OKON EDAK EKPENYONGANWAN EKPENYONG OKON EDAK UYU EKPENYONG OKON EDAK EDEM EDET IBAK

(2005) JELR 55278 (CA)

Court of Appeal  •  CA/C/42/2003  •  7 Jun 2005  •  Nigeria

Coram
DALHATU ADAMU JCA (Presided) ISTIFANUS THOMAS JCA (Read the Lead Judgment) JEAN OMOKRI JCA

Judgement

THOMAS JCA (Delivering the Lead Judgment): The brief facts of this appeal is that by a writ of summons issued on 4th April, 1975 the plaintiffs, for themselves and on behalf of Chief Efom’s family, instituted an action against the defendants at the High Court of Justice, Calabar Judicial Division. The plaintiffs later filed their statement of claim, subsequently, in the plaintiffs’ further amended statement of claim, amended by order of the lower court on 24th July 1991, they claimed the following:

“1 A declaration that all that piece or parcel of land situate along Usung Idim Uwanse and more particularly delineated on plan No. DAACO/SE/209/LD is the property of Efom family;

2. ₦1,000.00 (one thousand naira) damages for trespass against the defendants;

3. An order that all the purported dispositions of the portions of land in the land in dispute without the consent of the plaintiffs are void;

4. Injunction to restrain the defendants from further interfering with the plaintiffs’ righ…

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