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CHIEF BASSEY OTU BASSEY & ORS v. ETUBOM ALEX OTU EDEM & ORS

(2016) JELR 41135 (CA)

Court of Appeal  •  CA/C/317/2013  •  1 Dec 2016  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; CHIOMA EGONDU NWOSU-IHEME JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is in respect of an appeal against the judgment of the High Court of Cross River State, Akpabuyo Judicial Division delivered on the 17th day of June, 2013 by AJOR J.

The Respondents had approached the trial Court via a writ of summons filed on the 12th August, 2008. By Paragraph 15 of the Amended Statement of Claim filed on 27th November, 2012 and contained on pages 111-114 of the record of appeal, the Respondents sought the following reliefs against the Appellants before the trial Court:

i. A declaration that the Claimants are direct blood descendants of Etinyin Edet Nsa, the founder original owner of all that landed property generally known as Ikot Edet Nsa land situate at Akpobuyo Local Government Area consisting of Akwa Ikot Edet Nsa Village (also known as Esit Ikot Edet Nsa), Ekpene Ikot Edet Nsa Village and Esin Ufot Ikot Edet Nsa Village.

ii. A declaration that the Claimants as direct blood descendants …

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