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CALABAR CENTRAL CO-OPERATIVE THRIFT & CREDIT SOCIETY & ORS. V. BASSEY EBONG EKPO (Substituted by EDET BASSEY EKPO)

(2001) JELR 33794 (CA)

Court of Appeal  •  CA/C/5/99  •  24 Apr 2001  •  Nigeria

Coram
DENNIS ONYEJIFE EDOZIE JCA; OKWUCHUKWU OPENE JCA; SIMEON OSUJI EKPE JCA;

Judgement

EKPE, J.C.A. (Delivering the Leading Judgment): By an Originating Summons issued at the instance of the plaintiff now respondent by Calabar High Court of Cross River State, against the defendants now appellants, the respondent sought for the determination of the following question:

"Whether, in accordance with the Land Use Decree 1978, valid title has been passed from the plaintiff to the 1st defendant arising from the agreement of 25th January, 1987, over the plaintiff's property situate at No. 3C Enebong Avenue, Calabar."

(a) A declaration that the purported conveyance is null, void and of no effect whatsoever and is against the provisions of the Land Use Decree of 1978.

(b) An Order directing the 1st defendant, its agents, servants, privies, assigns to vacate the property situate at No. 3C Enebong Avenue, Calabar.

(c) An Order directing that the original documents of the survey and building plans and the agreement originally conveying the plot/parcel of land known as 3C Enebong Aveā€¦

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