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ETINYIN E.H. COCO-BASSEY & ANOR v. MR. PATRICK OFFONG BASSEY

(2017) JELR 37277 (CA)

Court of Appeal  •  CA/C/271/2014  •  9 Jun 2017  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A.(Delivering the Leading Judgment): The present appeal is consequent upon the judgment of the Cross River State High Court, delivered on December 31, 2013 in suit No. HC/361/1998. By the said decision, the Court below dismissed the Appellant's claim and granted the Respondent's counter claim.

BACKGROUND FACTS

The Appellants were originally the plaintiffs in the Court below. They commenced the instant action vide a writ of summons filed on 23/9/98, thereby seeking declaratory and injunction reliefs against the Respondent.

The originating writ of summons, was eventually amended on 02/3/2010. By the Amended writ of summons thereof, filed along with the Amended Statement of claim, the Appellants claimed against the Respondent the following reliefs:

(a) A declaration that the plaintiffs are entitled to statutory right of occupancy in respect of piece of parcel of land known as Ikot Mkpanam Company along Muritala Mohammed Highway Calabar.

(b) Perpetual injunct…

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