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NIGERIAN PORTS AUTHORITY V. ETUBOM O. E. EYAMBA ETUBOM ESU B. DUKE E. O. NTIERO EKPO EFFIOM EKPO ARCHIBONG

(2005) JELR 53322 (CA)

Court of Appeal  •  CA/C/61/2003  •  19 May 2005  •  Nigeria

Coram
DALHATU ADAMU JCA (Presided) CHRISTOPHER M. CHUKWUMA-EHEH JCA JEAN OMOKRI JCA (Read the Lead Judgment)

Judgement

OMOKRI JCA (Delivering the Lead Judgment): This is an appeal against the ruling of Michael Edem J. sitting at High Court No. 3 of the Calabar Judicial Division delivered in suit No. HC/459/2002 on 27/3/ 2003.

By a writ of summons filed and issued on 11/10/2002, the respondents, who were plaintiffs in the court below, instituted an action against the present appellant who were the defendants at the court below , claiming:

“1. The sum of N88,359,880.00 being the rents due for their le ase hold e sta te sit uat e and lying a t Cala bar Port commencing from 1969 till November 2001 at various amounts as revised from year unto year which is being owed and outstandingly ignored, rejected and or neglected to pay in their obligation to the plaintiff despite several demands made personally and collectively by the plaintiffs besides doing so through their agents, friends, and associates of the defendants without any reason cause or rhyme whereby A the rents continuously are accumulated fallen du…

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