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SUNDAY NKANAWO NWAETUK V. OKON NWAETUK ITAUMA NWAETUK DICKSON

(2015) JELR 53144 (CA)

Court of Appeal  •  CA/C/171/2014  •  27 Jul 2015  •  Nigeria

Coram
CHIOMA E.NWOSU-IHEME JCA (Presided) PAUL OBI ELECHI JCA (Read the Lead Judgment) JOSEPH OLUBUNMI OYEWOLE JCA

Judgement

ELECHI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Honourable Justice Ekerette A. Ebienyie in suitNo. HEK/92/93 of the High Court of Justice Akwa Ibom State, sitting at Eket Judicial Division wherein the appellant’s suit was dismissed on the ground that he could not lead satisfactory evidence to prove his case. The said judgment was delivered on 30 July 2013.

Fact of the case The appellant filed a writ of summons dated 29 October 1993, instituted a matter at the lower court and claimed from the respondents the following reliefs: (i) A declaration that the plaintiff/appellant is entitled to the statutory right of occupancy over that piece or parcel of land called Ndon Nkanawo Nwaetuk. (i ) Perpetual injunction restraining the defendants/respondents, their agents and servants from further occupation of the said land. At the trial, the appellant called three witnesses and tendered two exhibits. The respondents filed their necessary processes, called o…

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