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CHIEF GABRIEL AKUMURUK MBINA & ORS V. CHIEF MBINA IROM ENYA & ORS

(2017) JELR 37270 (CA)

Court of Appeal  •  CA/C/99/2016  •  15 Sep 2017  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment): This is an Appeal from the Judgment of the High Court of Cross River State Obubra Judicial Division delivered on 13th January, 2016 by Edem Ita Koofreh, J in Suit No. HB/40/2013.

The decision of the Lower Court was sequel to the claim filed by the Appellants as Plaintiffs against the Respondents who were the Defendants. The claim of the Appellants at the Lower Court was for the following reliefs;

1) A declaration that they the claimants and their Ita Mbina Adomi Paternal Family are entitled or deemed to be entitled to the Customary Right of Occupancy over the expanse of land which is situate on both sides of Ikom/Calabar Village, Apiapum, Obubra LGA bounded in the north by Irom Ngazi Paternal Family, south by Ohoma stream, east by Irom Eroma family, and west by Obebema farmland headed by Chief Adomi Ejim referred to in Survey Plan No. IN/228 (LD) dated the 13th November, 1972.

2) Perpetual injunction restraining the defendants…

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