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CHIEF UBANA NKANU OMINI V. MR. UBI ENO

(2018) JELR 39300 (CA)

Court of Appeal  •  CA/C/249/2013  •  13 Mar 2018  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; CHIOMA EGONDU NWOSU-IHEME JCA; STEPHEN JONAH ADAH JCA;

Appearances
EFA OTU OKA, ESQ. For Appellant S. U. EWA, ESQ. For Respondent

Judgement
<p>IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The instant appeal is consequent upon the judgment of the High Court of Cross River State, Ugep Judicial Division, delivered on April 17, 2013 in Suit No: HUG/48/97. By the decision in question, the Court below Coram: Michael Edem, J; (now CJ), dismissed the Appellants claim on ground of lack of locus standi. The Respondents counter claim was equally dismissed by the Court below on ground of lack of merits.</p><p>BACKGROUND FACTS</p><p>The facts and circumstances surrounding the suit could be gleaned from the record of appeal. On 24/10/97, the Appellant filed the said suit in the Court below vide a writ of summons. By the Further Further Amended Statement of Claim thereof, filed on 27/01/2011, the Appellant claimed against the Respondent the following reliefs:</p><p>1) A declaration that the farm lands, the subject of this suit, are communally owned by the Plaintiffs paternal family who are entitled to the statutory right of occupanc…</p>

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