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MRS. GLORIA NYA MR. LOUIS NYA V. MADAM EME BASSEY EDEM

(2003) JELR 53347 (CA)

Court of Appeal  •  CA/C/133/2001  •  22 Sep 2003  •  Nigeria

Coram
OKWUCHUKWU OPENE JCA (Presided) SIMEON OSUJI EKPE JCA (Read the Lead Judgment) ISTIFANUS THOMAS JCA

Judgement

EKPE JCA (Delivering the Lead Judgment): This is an appeal by the 1st defendant against the decision of Edem, J. delivered on the 9th day of July, 2001, in Suit No. HC/40/2001, at the High Court, Calabar, Cross River State, in favour of the plaintiff. By a writ of summons filed on the 26th of January, 2001, at the High Court, Calabar, the plaintiff in this case claimed the following reliefs against the defendants; “(1) A declaration that the defendants have no right to demand for and/or receive rents from occupiers/tenants on the plaintiff’s properties without the consent and authority of the plaintiff.

An order directing the defendants to render an account of and pay over to the plaintiff all monies so far received by the defendants from the occupiers/tenants of the plaintiff ’s properties. A perpetual injunction restraining the defendants by themselves or their privies from tampering in any manner whatsoever with the plaintiff’s properties or her occupiers/ tenants. N5,000.00 as da…

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