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GODWIN PETER ODUOK & ORS V. PAULINUS B. EKONG

(2011) JELR 46753 (CA)

Court of Appeal  •  CA/C/106/2010  •  19 Apr 2011  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; JA'AFARU MIKA'ILU JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement

JA'AFARU MIKA'ILU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Akwo Ibom State Holden of Eket, delivered in suit No. HEK/72/98 on the 1st day of February, 2010 in favour of the respondent/plaintiff.

The plaintiff commenced this action in the High Court, Eket, Akwa Ibom State seeking as Per his Statement of claim filed on the 4th day of November, 1998 for the following:-

(a) A declaration that the plaintiff is entitled to statutory Right of Occupancy in respect of all that piece or parcel of land called "NDON ODUOK" being lying and situate at Ikot Ebok in Eket Local Government Area and more particularly described in survey Plan No 03.9 AK/08/0047 D thereon and verged Pink.

(b) A declaration that the alienation of the land in dispute by the 1st - 7th defendants to the 8th defendant are null and void and of no effect whatsoever.

(c) The sum of N1, 000,000.00 (One Million Naira) being damages for trespass.

(d) Perpetual injunction …

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