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CALABAR CENTRAL CO-OPERATIVE THRIFT & CREDIT SOCIETY LTD & ORS. V. BASSEY EBONG EKPO

(2008) JELR 40228 (SC)

Supreme Court  •  SC.262/2002  •  15 Feb 2008  •  Nigeria

Coram
NIKI TOBI JSC; SUNDAY AKINOLA AKINTAN JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; FRANCIS FEDODE TABAI JSC; IBRAHIM TANKO MUHAMMAD JSC;

Judgement

ONNOGHEN, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal holden at Calabar in appeal No. CA/C/5/99 delivered on the 24th day of April, 2007 in which the court dismissed the appeal of the appellants against the judgment of the High Court of Cross River State holden at Calabar in suit No. C/11195 delivered on the 20th day of November, 1995 in which it entered judgment for the present respondent who was the plaintiff in the suit.

The action was instituted by respondent by way of originating summons for the determination of the 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?"

In addition to the above question, the plaintiff/respondent sought the following reliefs:-

"(A) A declaration that the purported conveyance is null, void and…

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