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VICTOR MANYO NDOMA-EGBA V. NNAMEKE CHIKWUKELUO CHUKWUOGOR & ORS.

(2004) JELR 45009 (SC)

Supreme Court  •  SC.106/1998  •  20 Feb 2004  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; SAMSON ODEMWINGIE UWAIFO JSC; DENNIS ONYEJIFE EDOZIE JSC; IGNATIUS CHUKWUDI PATS-ACHOLONU JSC;

Judgement

UWAIFO, JSC (Delivering the Leading Judgment): The High Court, Calabar, in a considered judgment, dismissed the plaintiff's claim on 7 December, 1992. On 11 December, 1997, the Court of Appeal, Enugu Division, by majority decision, reversed that judgment and granted the reliefs claimed by the plaintiff. It all started when the plaintiff's landed properties at Ikom in Cross River State were sold under the label of "abandoned properties." The evidence that emerged was that the arrangement to sell the properties was made in 1978 while the plaintiff was present and was protesting that his said properties were not abandoned. He therefore, brought this action in October, 1980 claiming the following reliefs:

"1. A declaration that the two deeds of lease in respect of two adjacent pieces of land at the junction of Ikom- Obudu Road and Abakaliki-Mamfe Road, popularly known as Four Corners, Ikom, Cross River State, made in each case between Chief Emmanuel Nkang Abang, Chief Oga Assima,and Chief…

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