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EMMANUEL ETIM OKON & ORS. V. MADAM REBECCA TOM SAMPSON (Nee Affiong Asuquo Effiong Isok) & ANOR.

(2021) JELR 107156 (CA)

Court of Appeal  •  CA/C/155/2018  •  6 May 2021  •  Nigeria

Coram
Mojeed Adekunle Owoade, JCA James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 9th October, 2017 in the High Court of Akwa Ibom State sitting at Uyo.

In the High Court (the Court below), the Respondents were the plaintiffs while the Appellants were the defendants.

The claim of the Respondents was for a declaration that the Respondents were entitled to inherit the land in dispute, an order of perpetual injunction restraining the Appellants from interfering with the Respondents’ quiet enjoyment of the land, general and special damages of N20 million Naira respectively.

The 3rd Appellant counterclaimed for a declaration that it is entitled to the land and an order of perpetual injunction restraining the Respondents from any act of trespass on the land.

​In summary, the facts of the case of the Respondents are as follows: 1st Respondent and the 2nd Respondent, her nephew jointly inherited the land. Their father and grandfather who was a hunter and tradition…

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