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MR. EMMANUEL AKABOM ENEBONG & ANOR V. ETUBOM ALEX OTU EDEM & ORS

(2016) JELR 46589 (CA)

Court of Appeal  •  CA/C/136/2014  •  22 Jun 2016  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; CHIOMA EGONDU NWOSU-IHEME JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The present appeal is against the Judgment of Cross River State High Court delivered on January 20, 2014 in Suit No. HC/100/2011. By the decision in question, the Court below, Coram Bassey Ebuta, J; entered judgment for the 1st and 2nd Respondents against the 1st, 2nd Appellants and 3rd Respondent, respectively.

BACKGROUND FACTS

On March 23, 2011, the 1st and 2nd Respondents filed in the Court below a writ of summons against the Appellants and the 3rd Respondent seeking some declaratory and damages reliefs. By the statement of Claim thereof filed along with the said writ of summons, the 1st and 2nd Respondents sought against the 1st and 2nd Appellants and 3rd Respondent the following reliefs:

(a) A declaration that by the Lease Agreement dated 25/1/1978 there is a subsisting lease for a period of fifty years between the claimant and the 1st Defendant over the plot of land known as Plot 18 and 20 Block B, Otu Edem re…

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