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JOHN ASUQUO ETIM v. THE REGISTERED TRUSTEES OF THE PRESBYTERIAN CHURCH OF NIGERIA

(2003) JELR 44904 (CA)

Court of Appeal  •  CA/C/126/2001  •  9 Jun 2003  •  Nigeria

Coram
RAPHAEL OLUFEMI ROWLAND JCA; SIMEON OSUJI EKPE JCA; ISTIFANUS THOMAS JCA;

Judgement

RAPHAEL OLUFEMI ROWLAND, J.C.A. (Delivering the Leading Judgment): This is an appeal against the order of Emilia Ibok, J. made on 19th day of December, 2000 at the High Court of the Cross River State of Nigeria holden at Calabar, wherein she granted an order of interlocutory injunction in favour of the plaintiff now respondent.

In the writ of summons filed on 8th day of December, 2000, the plaintiff/respondent prayed the court as follows:

"1. A declaration that plaintiff is entitled to the statutory right of occupancy grantable by the Governor of Cross River State over the piece or parcel of land lying and situate at Big Qua Town, Calabar formerly occupied by one Mr. Alfred O. Olaiya, on the permission of the plaintiff and referred to as No. 18 Big Qua Town Road, or any part thereof.

2. An order of perpetual injunction restraining the defendant, his workmen, agents, servants, assigns, or privies from erecting any structure or continuing with any construction work on the piece or par…

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