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MR AMAKU EFFIONG ENE V. CHIEF PAUL BASSEY ETIM

(2011) JELR 46963 (CA)

Court of Appeal  •  CA/C/171/2010  •  24 Mar 2011  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; JA'AFARU MIKAILU JCA; MASSOUD ABDULRAHMAN OREDOLA JCA;

Judgement

KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): In the amended Statement of Claim dated 21/7/2008 the Plaintiff suing as the Administrator of the Estate of Late Prince Edem Effiong Edem Ita claimed the following reliefs against the Defendant:-

"WHEREOF the Plaintiff claims as follows:

1. A declaration that by virtue of the judgment in C/26/82 the Plaintiff is vested with a deemed Right of Occupancy over the property known as No. 12, Mayne Avenue Extension, Calabar.

2. An order of forfeiture of the property situate (sic) at No. 12 Mayne Avenue Extension, Calabar from the Defendant.

3. A declaration that all agreements of sale, leases, gifts and grants whatsoever made by the Defendant and/or in favour of the defendant without the consent of the plaintiff's family in respect of the property lying and situate at No. 12 Mayne Avenue Extension, Calabar are null and void and totally of no effect.

4. An order of perpetual injunction restraining the Defendant by himself, his se…

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