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REV. EDEM OKON BASSEY & ANOR v. BASSEY OKON AKPADIA

(2016) JELR 41367 (CA)

Court of Appeal  •  CA/C/72/2013  •  1 Jul 2016  •  Nigeria

Coram
ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Akwa Ibom State, Uyo Judicial Division Coram Hon. Justice Andrew E. Okon delivered on October 31, 2012 in Suit No. HU/85/91 in which judgment was entered against the Appellants.

The case had earlier been heard at the Southern Ibesikpo District Court, Nung Udoe Ibesikpo in Suit No. SIDC/73/81 in which the Appellants were the plaintiffs and the Respondent herein and another, were the defendants. The said Suit No. SIDC/73/51 was withdrawn in the District Court by the Appellants as plaintiffs and the suit was consequently struck out by the said District Court. After striking out the suit, the District Court ordered the Appellants, who were the plaintiffs therein, to vacate the land, the subject matter of the suit and to pay special cost of N30.00. The Respondents, who were defendants in that suit, thereupon filed a fresh suit in the High Court of Uyo, claiming ownershi…

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