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LEADER OLUMBA OLUMBA OBU (ROLAND OBU) v. ETINYIN EDEDEM ARCHIBONG (1) (for himself and on behalf of the Family Bassey Archibong Edem)

(2009) JELR 47410 (CA)

Court of Appeal  •  CA/C/145/2006  •  9 Jun 2009  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; NWALI SYLVESTER NGWUTA JCA; MOJEED ADEKUNLE OWOADE JCA;

Judgement

NWALI SYLVESTER NGWUTA, J.C.A. (Delivering the Leading Judgment): Endorsed on the Writ of Summons Issued at the Registry of the High Court of Cross River State, Calabar Judicial Division on 27/1/04 are the Plaintiff's claims against the Defendant:

"1. A declaration that the failure of the defendant to honour or keep a term of the agreement as contained in the Agreement entered into between the plaintiff and the defendant (as to the payment of Annual Royalty to the Plaintiff) voids the said contract.

2. Perpetual Injunction restraining the defendant, his agent servants and privies from using the said land inconsistent with right of the plaintiffs.

3. Alternatively, a declaration that the plaintiff is entitled to the sum of N1, 000, 000.00 as Annual Royalty and reviewable by the plaintiff."

The Plaintiff filed his Statement of Claim along with writ on 27/1/04. On 1/4/04

Uke, J. who presided ordered substituted service of court processes in the suit on the defendant. The defendant entereā€¦

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