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ELDER (ESI-NJO) B.E. ETA CHIEF BASSEY E. BASSEY CHIEF EDIM AIKPO EDIM CHIEF LAWRENCE EKONG ETA (FOR THE NTOE’S CABINET OF AKIM QUA TOWN) V. MADAM ISABELLA EKPO ANWAN DR. JANE EWKPO ANWAN

(2009) JELR 55589 (CA)

Court of Appeal  •  CA/C/5/2007  •  31 Mar 2009  •  Nigeria

Coram
NWALE S. NGWUTA JCA (Presided and Read the Lead Judgment) JEAN OMOKRI JCA THERESA NGOLIKA ORJI-ABADUA JCA

Judgement

NGWUTA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Justice, Cross River State, Calabar Judicial Division delivered by Itam, J. on 11 November 2006. In the action initiated by originatingsummons, the plaintiffs (appellants herein) asked the court of trial to determine the following questions: “1. Whether by the combined effect of paragraphs 1, 2(i) and 4 of the deed of lease registered as No. 4, at page 94 in volume 135 in the Lands Registry, Calabar, the 1st defendant was bound to pay a reviewed land rent annually to the plaintiffs for the land demised to her atplot 2 Okoro Agbo/Ibom Eteta Street, Akim Qua Town, Calabar.

Whether by the combined effect of paragraphs 1, 2(i) and 4 of the deed of lease registered as No. 95, at page 95 in volume135 in the Lands Registry, Calabar, the 2nd defendant was bound to pay a reviewed land rent annually to the plaintiffs for the land demised to her atplot 1 Okoro Agbo/Ibom Eteta Street, Akim Qua …

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