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DAVID ITAUMA V. FRIDAY JACKSON AKPE-IME

(2000) JELR 44013 (SC)

Supreme Court  •  SC.23/1995  •  7 Jul 2000  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC EMMANUEL OBIOMA OGWUEGBU JSC SYLVESTER UMARU ONU JSC ALOYSIUS IYORGYER KATSINA-ALU JSC UMARU ATU KALGO JSC

Judgement


KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): The appellant herein as plaintiff sued the defendant (respondent) at the Eket High Court claiming the following reliefs:

(a) A declaration that there is no valid and/or any lease agreement between the plaintiff and the defendant whereby any grant was made to the defendant of the land called "Anyankana" or any part thereof.
(b) A declaration that the defendant is a licensee whose licence to occupy the said land or site was determined either by notice or breach of condition under a parol agreement.
(c) Order of ejection.
(d) Injunction.

The plaintiff's case as stated in his amended statement of claim and his evidence in court is that first, he is an illiterate. Secondly, that he granted the defendant a mere permission to erect a temporary stall in the forecourt of the land at an annual rent of #4 (four pounds) in 1962. See paragraphs 7-9 of the amended statement of claim. He denied ever granting the defendant a 99year lease over theā€¦

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