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CHIEF BASSEY ETIM EFFIOM v. MADAM MARY OFFIONG UDOEKA

(2017) JELR 37477 (CA)

Court of Appeal  •  CA/C/156/2016  •  9 Jun 2017  •  Nigeria

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

Judgement

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is in respect of an appeal against the decision of the High Court of Akwa Ibom State sitting in its appellate capacity delivered on the 11th day of June, 2015 by UNWANA, J.

The antecedent facts disclose a case that has so far tested every rung of the judicial ladder. It was commenced by the Appellant against the Respondent at the District Customary Court of Akwa Ibom State, Idu Uruan District sitting at Idu, where the Appellant as Plaintiff lodged a claim for the Respondent as Defendant to vacate his 4 pieces of land known and called "Ikot Nung Akpan Udo" lying and situate in Mbiakong, Akwa Ibom State. The said District Customary Court conducted a trial and in conclusion reached a verdict in favour of the Respondent.

Dissatisfied, the Appellant proceeded on appeal to the Chief Magistrate Court, Uyo where the Appellant canvassed among other grounds that he did not properly invoke the jurisdiction of the Distr…

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