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ENG. HUAT INDUSTRIES LIMITED v. OBED NKEMDILIM

(2013) JELR 35549 (CA)

Court of Appeal  •  CA/C/54/2011  •  16 Jul 2013  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; UZO I. NDUKWE-ANYANWU JCA; JOSEPH TINE TUR JCA;

Judgement

JOSEPH TINE TUR,J.C.A.(Delivering The Leading Judgment): On the 12th day of February, 2007, Late Mr. Boniface Nkemdilim and Ela Ogar instituted an action against Eng. Huat Rubber EPF at the High of Justice, Cross River State in the Akamkpa Judicial Division presided over by Hon.Justice M.O. Eneji.The action was founded on the fact that the plaintiffs entered into an agreement on 1st day of March, 1997 with the Chiefs of Ekpiri Iko Community in Biase Local Government Area of Cross River State represented by Chief Samuel Adamben, Chief Ijenga Awuri, and Chief Arorim Ayang to exploit timber in the community's forest land for a period of ten years. In the course of exploiting the timber, Eng.Huat Rubber EPF trespassed into the forest on the 23rd day of September, 2004, beat up their workers, damaged their equipment, seized and converted their timber and lorry, etc and have continued to deprive them of their rights in the forest. Messrs Boniface Nkemdilim and Ela Ogar took out the writ of …

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