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NWALI SYLVESTER NGWUTA, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment of Itam J of the High Court of Justice, Cross River State Calabar Judicial Division. The judgment was delivered on 26th January 2009 in suit No HC/154/2005.
Endorsed on the writ of summons issued on 11th 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.
(b) Perpetual injunction restraining the Defendant, her heirs, assign from trespassing and /or laying claim to the property situate and lying at No 58/71 Palm Street, Calabar.
(c) 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 counter-claimed thus:
(i) A declaration that the counter-claimant is the bonafide owner of the property know as No 58/71…