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H.R.H. OKIM PATRICK MANYO OJONG v. CHIEF OGAR NTUI & ORS

(2017) JELR 41900 (CA)

Court of Appeal  •  CA/C/17/2014  •  25 Oct 2017  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

STEPHEN JONAH ADAH, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the Cross River State High Court, Etung Judicial Division in Suit No.HM/46/2008 delivered on the 23rd day of May, 2013 by Maurice Eneji, J.

The Appellant was the Defendant at the Lower Court while the Respondents were the Plaintiffs. Before the Lower Court the Respondents took out an originating summons claiming the following three reliefs:

1. A Declaration that the Defendant having been declared by the Court of Appeal in CA/C/128/04 as not being the proper Respondent in the matter cannot take benefit of the judgment in HM/102/97.

2. A Declaration that the Court of Appeal having declared that Late Chief Njang Assam took out the Summons in HM/102/97 in a personal capacity in its judgment in CA/128/04 puts a final stop to the claims of the Defendant that Agbokim Mgbabor Village is in Ikom Local Government.

3. An order of injunction restraining the Defendant from claiming any benefits from …

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