judy.legal
Login Register

ENE ADIM OKON (SUBSTITUTED FOR NANCY BOCO DECEASED) V. ROSELINE EKPO ITA

(2010) JELR 53393 (CA)

Court of Appeal  •  CA/C/98/09  •  13 May 2010  •  Nigeria

Coram
JAFARU MIKA’ILU JCA (Presided) NWALI SYLVESTER NGWUTA JCA (Read the Lead Judgment) JEAN OMOKRI JCA

Judgement

NGWUTA JCA(Delivering the Lead Judgment): This appeal is against A the judgment of Itam J. of the High Court of Justice, Cross River State, Calabar Judicial Division. The judgment was delivered on 26 January 2009 in suit No. HC/154/2005. Endorsed on the writ of summons issued on 11 April 2005 and reproduced in paragraph 37 of the statement of claim is the plaintiff’s claim for: “(a) A declaration that the plaintiff is the beneficial owner of the property situate and lying at No. 58/71 Palm Street, Calabar.

Perpetual injunction restraining the defendant, her heirs and assigns from trespassing and/or laying claim to the property situate and lyingat No 58/71 Palm Street, Calabar. General damages of N1,000.000.00 (one million naira) against the defendant”

In her statement of defence the defendant denied the plaintiff’s claim in its entirety and counterclaimed thus:

“(i) A declaration that the counterclaimant is the bona fide owner of the property known as No 58/71 Palm Street, Calabar.

An…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login