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CHIEF ASIYA ITA EFFIOM OTU EKONG & ORS. v. BENSON OKPALA

(1972) JELR 37377 (SC)

Supreme Court  •  SC.271/1966  •  11 May 1972  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; UDO UDOMA JSC; ATANDA FATAYI-WILLIAMS JSC;

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The plaintiffs have appealed to this Court against the judgment of Nkemena J. (High Court, Calabar) whereby he dismissed with 200 guineas costs the action which the plaintiffs had instituted against the defendant, now respondent, and in respect of which the writ of summons was endorsed as follows:-

"(a) The plaintiffs' claim against the defendant is for a declaration that a purported sale of the plaintiffs' family land by the late Chief Otu Effiom Otu Ekong II to the defendant contained in a purported conveyance dated 30th June, 1955 is invalid.

(b) An order setting aside such a conveyance."

Pleadings were ordered and filed in the action and from the pleadings it was manifest that the plaintiffs were suing as representatives of the "family and descendants of Etubom Effiom Otu Ekong (deceased)." The plaintiffs' statement of claim avers in substance that the late Chief Otu Effiom Otu Ekong II had sold part of the family land to t…

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