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MR. THEODORE BASSEY DANNET-OWOO & ANOR V. MR. FRANCIS EFFIONG

(2020) JELR 87240 (CA)

Court of Appeal  •  CA/C/173/2014  •  23 Jun 2020  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE, JCA HAMMA AKAWU BARKA, JCA MUHAMMED LAWAL SHUAIBU, JCA

Judgement

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): The instant appeal seeks to challenge the judgment of the High Court of justice Cross River State; manned by F. Nnang Isoni J, in suit NO. HC/291/2008, between Mrs. Nsa Ekpenyong and Francis Effiong (plaintiffs) and Mrs. Theodore Bassey Dannet-Owoo and Hon. Okon Nyong Effiom (defendants), delivered on the 23rd of December 2013. By the said decision, the claimants were awarded judgement in the following terms:

1. That the claimants are entitled to a statutory right of occupancy of the piece of land situates and lying at 94/104 Atamunu Street by Enebong Avenue, Calabar more particularly described in plan No. TJ SE 221, being a subject of a Certificate of Occupancy No.CA/55577/98 of 22nd October, 1998.
2. The sum of ₦100,000.00 (One Hundred Thousand Naira) is hereby awarded as general damages against the defendants for trespass and destruction of economic trees.
3. Perpetual injunction is hereby granted restraining the defendants …

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