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INOGHA MFA & ORS v. MFA INONGHA

(2014) JELR 33201 (SC)

Supreme Court  •  SC.305/2006  •  17 Jan 2014  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC; SULEIMAN GALADIMA JSC; NWALI SYLVESTER NGWUTA JSC; KUDIRAT MOTONIMORI OLATOKUNBO KEKERE-EKUN JSC;

Judgement

NWALI SYLVESTER NGWUTA, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice of Cross River State, sitting at Ikom, the Respondent, as plaintiff, claimed against the appellants as defendants as follows:

"1. A declaration that he is owner and entitled to possession of the plot of land and house thereon and situate along Ikom/Calabar Road.

2. A mandatory order compelling the defendants to hand over all relevant documents in relation to plaintiff's plot.

3. A perpetual injunction restraining the defendants, their agents, privies, servants from further interfering with right of the plaintiff to the aforesaid plot and house."

The matter was finally determined in the Calabar Judicial Division of the Cross River State High Court by the learned trial Judge, Edem, J., before whom trial opened in the Ikom Judicial Division. In his judgment delivered on 5th March, 2002 the learned trial Judge granted the three reliefs claimed by the Respondent as plaintiff. The learned trial Ju…

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