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BUAE ENTERPRISES LIMITED v. CHIEF SUNDAY EYO OKON OBONG

(2016) JELR 36736 (CA)

Court of Appeal  •  CA/C/173/2012  •  7 Dec 2016  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; MOJEED ADEKUNLE OWOADE JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Respondent, as Claimant in the Uyo Judicial Division of the Akwa Ibom State High Court, instituted a suit against the Appellant as Defendant for the declaration of land known as Esa Akpan Nsek, an order of perpetual injunction against the Appellant and Five Million Naira damages for continuous trespass to the said land.

Judgment was delivered by Uwana, J., on the 29th of March, 2012. After the judgment, the Learned trial Judge invited counsel for the parties to address the Court on why the Respondent should not be non-suited. Both counsel addressed the Court on 30/3/2012 whereby the Learned trial Judge entered an order of non suit against the Respondent. The Appellant had raised in his pleadings and evidence that the Respondent's suit was statute barred, since the adverse claim in favour of the Appellant over the land in dispute was created in 1987 and the Respondent became aware of this fact in 1995, while this s…

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