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THEODORE EMMANUEL CHARLES OWOO & ORS V. MRS UMO ASUQUO EDET

(2011) JELR 33687 (CA)

Court of Appeal  •  CA/C/39/2010  •  25 Mar 2011  •  Nigeria

Coram
JAFARU MIKA'ILU JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement

ISAIAH OLUFEMI AKEJU, JCA (Delivering the Leading Judgment): The Respondent to this appeal was the plaintiff in Suit No. HC/54/2007, an action she instituted against the Appellants at the Calabar Division of the High Court of Cross River State holden at Calabar through the Writ of summons and Statement of Claim filed on 6th February, 2007. She claimed the following reliefs in paragraph 24 of the Statement of Claim:

"1. The sum of six million, five hundred and thirty seven thousand, nine hundred and fifty naira (₦6, 537, 950.00) only being special damages suffered by the plaintiff on account of the defendants misrepresentations and/or breach of a contract to lease the defendants' land at No. 71, Target Road, Calabar to the plaintiff to build and occupy as a tenant until the expiration of her rents.

In the Alternative

A Declaration that the plaintiff is entitled either by herself, agents or privies to the quiet and peaceful enjoyment, use and occupation of the property situated at No. 7…

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