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MR. EMMANUEL ATUNKA & ANOR v. UNDIE ABOKI & ANOR

(2016) JELR 41637 (CA)

Court of Appeal  •  CA/C/172/2013  •  8 Jun 2016  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA;

Judgement

CHIOMA NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Respondents, as claimants, in the Obudu Judicial Division of the Cross River State High Court instituted a suit against the Appellants as Defendants for declaration of land known as Ungwu-Abeb, an order of perpetual injunction against the 1st and 2nd Appellants, Ten Million Naira general damages for trespass to the said land.

The Respondents filed their writ of summons and statement of claim on the 20/6/12.

Appellants filed their joint statement of defence wherein they pleaded at paragraph 39 that they would contend at the trial that the claimants' action is statute barred.

Consequently, Appellants filed a motion on notice along with a written address on the 12th of December, 2012 to determine the issue whether or not the action is statute-barred determined before the hearing of the substantive suit.

Respondents filed a counter affidavit with their response on the 18th of December, 2012.

On the 25th of February, 2013, Justic…

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