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ETUBOM EKPO EKPENYONG EFIOK v. THE GOVT. OF CROSS RIVER STATE & ORS.

(2010) JELR 47526 (CA)

Court of Appeal  •  CA/C/133/2008  •  15 Mar 2010  •  Nigeria

Coram
JAFARU MIKA'ILU JCA; NWALI SYLVESTER NGWUTA JCA; JEAN OMOKRI JCA;

Judgement

JAAFARU MIKA'ILU J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the cross River State High Court, Calabar Judicial Division, presided over by Hon. Justice E - G. Ita, delivered on the 15th day of May, 2007 by which the appellants Suit was dismissed on the grounds that local remedy as provided by section 7(1) section 8(3) of the Traditional Rulers Law of Cross River State has not been exhausted before the commencement of suit No. HC/421/2005, giving rise to this appeal and that the issues brought for determination in this matter under Appeal had previously been decided upon in HC/124/2001 by Hon Justice S.M. Anjor in the ruling of 29th august, 2005.

It is to be noted that prior to the institution of the Suit No. HC/421/2005, that has generated this appeal, on 28th October 2005 by the appellant in a representative capacity, one Chief Prince Efiok Ekpenyong Nsa had commenced Suit HC/124/2001 representative capacity, representing, the same Ruling House a…

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