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EUNICE OKINE v. AGNES EFFIONG UKO

(2017) JELR 41355 (CA)

Court of Appeal  •  CA/C/381/2014  •  23 Feb 2017  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA 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 decision of the High Court of Cross River State sitting at Calabar delivered on 21st day of March, 2014.

Before the Lower Court, the Respondent in this appeal was the claimant while the Appellant in this appeal was the Defendant.

The Claimant before the Lower Court originated the claim via an originating summons filed on the 5th day of November, 2010. The originating summons raised seven main questions and claimed ten consequential reliefs. It was supported by a-19 paragraph affidavit deposed to by the claimant herself. The originating summons was filed along with a written address.

On 4th day of April, 2011 the Defendant filed a-17 paragraph counter-affidavit deposed to by the Defendant herself. A written address was filed by the Defendant in support of the counter-affidavit.

From the Record of Appeal it is shown at pages 35 - 44 that the Claimant deposed to a-12 paragraph further and Better Affid…

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