Cookie Policy
SAULAWA JCA (Delivering the Lead Judgment): The instant appeal is against the judgment of Cross River State High Court, Ogoja Judicial Division, holden at Ogoja, delivered on 27 June 2012 in suit No. HJ/5/2006. By the judgment in question, the court below, coram Eyo Effiom Ita J., held that it has no jurisdiction to entertain both the claims and counterclaims of the respective parties. Nonetheless, the lower court went ahead to dismiss the appellant’s claim and enter judgment for the respondent in respect of the counterclaim thereof.
Background facts
On 10 February 2006, the appellant instituted the said suit, vide a writ of summons in the court below, seeking various declaratory and injunctive reliefs against the respondents. By the further amended statement of claim thereof, dated 21 June 2009, the appellant sought against the respondents, jointly and severally, a declaration of customary right of occupancy, perpetual injunction, and general damages in the sum of N10, 000, 000…