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EKONG ARCHIBONG v. UTIN J. UTIN

(2012) JELR 33429 (CA)

Court of Appeal  •  CA/C/142/08  •  22 Mar 2012  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; UZO I. NDUKWE-ANYANWU JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The Appellant had taken a writ of summons against the Respondent at the High court of Akwa Ibom state, sitting at Ikot Ekpene on which the following claim was endorsed:-

"1. N35,000.00 special and general damages in that in about the month of March, 1990 and in subsequent months of 1990 and also in 1990 the defendant without the consent or authority of the plaintiff broke and entered into the plaintiff's farm at Ukpom that in the quiet and undisturbed possession of the plaintiff and harvested palm fruits, cassava tubers, plantains and bananas."

The above claim was repeated at paragraph 4 of the Statement of Claim dated the 31/7/91 and a further claim for special damages was made at paragraph 5. A Statement of defence was filed for the Respondent and the matter proceeded to trial during which the Appellant testified as the sole witness In support of the claims and tendered three (3) exhibits. Though an application was fileā€¦

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