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OVAI EKPE OKON v. OVAI BASSEY ENEM ENYIEFEM & ORS

(2016) JELR 41645 (CA)

Court of Appeal  •  CA/C/224/2012  •  14 Apr 2016  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; CHIOMA EGONDU NWOSU-IHEME JCA; ONYEKACHI AJA OTISI JCA;

Judgement

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Cross River State, Calabar Division, Coram Hon. Justice Obojor A. Ogar, delivered on July 19, 2012 in Suit No. HC/348/2011, in an application for the enforcement of the fundamental rights of the 1st to 5th Respondents (the 1st set of Respondents), who were the applicants at the lower Court.

The facts leading to this appeal as can be gleaned from the Record of Appeal reveal that a land dispute dating as far back as 1938 existed between the Enusokwe people of Ediba, represented in this appeal by the 1st-3rd Respondents, and the Ebokwo people of Usumotong, who are represented by the Appellant. Both communities are in Abi Local Government Area of Cross River State. The dispute between the two Communities in 1938 and 1940 over the said parcel of land resulted in the institution of Suit Nos. E/15/1938 and E/20/1938, which were consolidated. However none of the judgments gav…

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