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CHIEF SAMPSON OKON ITO & ORS V. CHIEF OKON UDO EKPE & ORS

(2000) JELR 43981 (SC)

Supreme Court  •  SC.6/1993  •  11 Feb 2000  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; IDRIS LEGBO KUTIGI JSC; SYLVESTER UMARU ONU JSC; AKINTOLA OLUFEMI EJIWUNMI JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Judgement

EJIWUNMI, J.S.C.(Delivering the Leading Judgment): This appeal is against the judgment of the court below, wherein that court upheld the appeal of the plaintiffs/respondents in respect of the judgment of the trial court which was delivered in favour of the defendants/appellants. At the trial court the respondents claimed against the appellants for the following principal relief:-

"A declaration that they, the plaintiffs, are the radical/titular owners in possession of all that piece or parcel of land known as and called Esuk Ikotetuong (sometimes otherwise fictitiously and popularly nicknamed Esuk Ifiayong mostly by strangers to the area) and being a piece and/or portion of Idu land generally situate in Uyo Division of the Cross River State of Nigeria which Esuk Ikot Etuong aforesaid is as set out, described and/or otherwise delineated in the plan No. LSH 751 by E. Ekpenyong Esqr F.N.I.S. and licensed surveyor and dated 2nd November, 1969 being verged pink (which is the same as the on…

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