HON. STEPHEN BASSEY & ORS V. SAT GURU MAHARAJI & ANOR

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A.(Delivering the Leading Judgment): The present appeal is against the ruling of the High Court of Cross River State, delivered on April 24, 2014 in suit No. HC/490/1998. By the said ruling, the Court below struck out the Appellants' (Defendants') counter-claim on the ground that it was "incompetent and incurably defective by reason of the non-existence of a valid writ of summons in support thereof.

BACKGROUND FACTS

By the Amended Statement of Claim thereof filed in the Court below on June 3, 2002, the Respondents (Plaintiff's) claimed against the Appellants (Defendants) the following reliefs:

i. N500,000 for trespass,

ii. N50,000.00 for lease of the land from 1996 till Judgment or valuation.

iii. An Order of perpetual injunction restraining the defendants by themselves, Agents or any Privies from entering into the said place or Parcel of land perpetually.

See pages 1 - 4 of the Record.

Pleadings were filed and served by the respective parties. The case pro…