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MR. BARTHOLOMEW ODEY ONIGA V. MRS. THERESA BISONG

(2018) JELR 41472 (CA)

Court of Appeal  •  CA/C/30/2015  •  20 Feb 2018  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Appearances
M. O Shuaibu, Esq. For Appellant J. O. Otakpo, Esq. For Respondent

Judgement

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A.(Delivering the Leading Judgment): This is in respect of an appeal against the judgment of the High Court of Cross River State holding at Ogoja Judicial Division delivered on the 11th February, 2014 by ITA J.

A dispute between the parties over a parcel of land culminated in the Appellant taking out a writ of summons on the 24th June, 2011 against the Respondent at the trial Court wherein he sought the following reliefs:

1. A declaration that the Claimant is the owner and or deemed holder of the Statutory Right of Occupancy over a piece and parcel of land situate at and known as Asherere New Layout, Agiga-Ogoja delineated on Survey Plan No. MG/CR/290/82, measuring an area of 2927.672 SQ. M.

2. A declaration that the act of the Defendant, which consists of entering the land of the Claimant delineated on Survey Plan No. MG/CR/290/82, described in relief No. 1 above, dropping several trips of sand thereon and moulding several blocks also thereon, without…

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