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Udo Dick Inyang & ors v.Oton Nte Ekpe

(2009) JELR 47088 (CA)

Court of Appeal  •  CA/C/10/2005  •  23 Mar 2009  •  Nigeria

Coram
NWALI SYLVESTER NGWUTA JCA; JEAN OMOKRI JCA; MOJEED ADEKUNLE OWOADE JCA;

Judgement

M. A. OWOADE, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of Stephen B. Okon J. in Suit No. HUK/30/99 delivered on 8/12/2003 at Ukanafun Judicial Division of the High Court of Akwa Ibom State.

On the 12th day of October, 1999, the Respondent as Plaintiff issued a writ of summons against the Defendants/Appellants, jointly and severally for special and general damages for trespass to his land. The suit culminated into the following relevant processes exchanged between the parties for the purpose of the trial at the court below.

1. Statement of claim dated 26/11/1999 and filed on 29/11/1999.

2. Statement of Defence of the 1st - 13th Defendants as Amended dated 18/7/2001 and filed on 4/3/2002.

3. Reply and (sic) to Defendant counter claim dated 14/1/2000 and filed on 18/1/2000

The Plaintiffs/Respondent's particulars of claim are contained in paragraph 8 of the statement of claim as follows:

"....by reason of the Defendants act, the Plaintiff has suffere…

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