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ESTATE OF LATE MR. EMMANUEL AKOSA IBEGBU & ORS v. MRS. UKPONG J. T. ODUM

(2017) JELR 37789 (CA)

Court of Appeal  •  CA/C/60/2016  •  30 Mar 2017  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Appellants were the Defendants at the trial Court in the suit filed by the Respondent as Claimant. Adie Atoe-Onyebueke, J, of the High Court of Cross River State, Calabar Division in his Ruling in Suit No. HC/355/2014 dismissed the Appellants' preliminary objection describing it as an abuse of Court's process.

The Respondent as claimant in the Court below instituted this action on the 3rd of October, 2014 claiming against the Appellants (as Defendants) as follows:

(a) A Declaration that the claimant is entitled to the Statutory Right of Occupancy of the plot of land situate at No.3 Douglas Street, off Atekong Drive, Calabar Municipality.

(b) An order of perpetual injunction against and restraining the defendant, his assign, cohorts, agents, privies, cronies and or legal representatives from entering, tampering, dealing and or otherwise alienating the said land and property of the claimant within the jurisdiction of …

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