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MARY JOSEPH ISONGUYO v. EFIOKANWAN ARCHIBONG EYO & ANOR

(2016) JELR 41602 (CA)

Court of Appeal  •  CA/C/24/2014  •  27 Jan 2016  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA;

Judgement

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Cross River State, sitting at Calabar presided over by Honourable Justice Akon Ikpeme, J, delivered on October 10, 2012 in which the suit of the Appellant was declared incompetent on grounds of res judicata.

The Appellant had alleged that her family was the owner and in possession of four detached group of bungalows all at No. 1 Atimbo Road, Otop Otop, Calabar with their tenants until December 13, 2011 when they were ejected and dispossessed of the property, pursuant to a warrant of possession dated June 14, 2011. The Appellant's enquiry

revealed that the parties on record in the said warrant were all deceased and that no leave of Court was granted to issue same in favour of the 1st Respondent. However, upon the Appellant commencing action to have the Court to set aside the warrant of possession along with other ancillary reliefs, the 1st Respondent raised objection t…

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