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GRACE EKPEYONG OFFIONG & ORS v. MADAM ARIT EKPO & ANOR

(2017) JELR 37317 (CA)

Court of Appeal  •  CA/C/366/2014  •  4 Jul 2017  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A.(Delivering the Leading Judgment): The High Court of Cross River State delivered a judgment on May 9, 2014 in Suit No. HC/137/2007. By the said judgment, the Court below, Coram Obojor Ogar, J; granted the Respondents' claim for trespass against the Appellants. The instant appeal is against the judgment in question.

BACKGROUND FACTS

On April 24, 2007, the Respondents instituted the said suit vide a writ of summons, thereby seeking declaratory and injunctive reliefs against the Appellants. By the Amended Statement of claim thereof, filed on 05/02/2009, along with the amended writ of summons, the Respondents claimed for:

i. A declaration that the plaintiffs are entitled to the statutory right of accompany to all that land situate at and known as No. 36 Garden Street, Calabar which said land is more particularly delineated and edged red in Survey plan No. JEJ/CR/10612 drawn by Chief J. E. J. Asuquo.

ii. N10 Million being general damages for trespass by theā€¦

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