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NDABO EYO NYONG EFFIOM DUKE (DEFENDING BY ORDER OF COURT DATED 7 JUNE 2010 IN SUBSTITUTION OF HIS HIGHNESS MURI NYONG EFIOM DUKE) ETINYIN NSA EKENG (DEFENDING FOR HIMSELF AND AS REPRESENTING THE FAMILY OF THE LATE HRH EDIDEM (PROFESSOR) NTA ELIJAH HENSHAW BY ORDER OF COURT DATED 7 JUNE 2010 IN SUBSTITUTION OF HRH (PROFESSOR) NTA ELIJAH HENSHAW) V. HRH MURI OKOKON EDET EDEM AMBO NDABO JOSEPH OKON EDEM NDABO GODWIN BASSEY (FOR THEMSELVES AND AS REPRESENTING EFUT ABUA AND EFUT EKONDO COMBINED COUNCIL)

(2013) JELR 57684 (CA)

Court of Appeal  •  CA/C/265/2012  •  30 May 2013  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA (Presided) JOSEPH TINE TUR JCA (Read the Lead Ruling) ONYEKACHI A. OTISI JCA

Appearances
Idaka Esq. -*- - for the Appellants/Respondents. -*- Ita Ikpe - for the Respondents/Applicants.

Judgement

TUR JCA (Delivering the Lead Ruling): The High Court of Justice of A Cross River State, holden at Calabar presided over by Ogar, J., entered judgment in favour of the claimants/applicants/respondents on 27 September 2012 over a piece of land situate at No. 19/20 Abitu Avenue, Calabar and made the following orders:

“In the result, I find and hold that the claimants’ claim succeeds. I therefore enter judgment for the claimants and against the defendants in the following terms:

1. A declaration that the claimants are entitled to a statutory right of occupancy over the piece or parcel of land situate and lying at No. 19/20, Abitu Avenue, Calabar , same being Efut communal land.

2. The conveyance made on 5 April 1974 between Princess Uduak Duke Ephraim as Head of King Duke family, Calabar and others in favour of Mrs. Martha Anita, and registered as No. 30 at page 30 in volume 62 of the Lands Registry in the office at Calabar, in respect of the said land delineated in survey plan No. RIM/166…

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