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HON. ATTORNEY GENERAL OF AKWA IBOM STATE & COMMISSIONER FOR LANDS AND HOUSING AKWA IBOM STATE V. UKPONG UMOREN AKPAN & CHIEF ALPHONSUS JOHNSON (SUING FOR THEMSELVES AND ON BEHALF OF THE FAMILY OF NTO IWE)

(2025) JELR 113979 (CA)

Court of Appeal  •  CA/C/173/2022  •  28 May 2025  •  Nigeria

Coram
HAMMA AKAWU BARKA, JCA ADEBUKUNOLA ADEOTI BANJOKO, JCA RUQAYAT OREMEI AYOOLA, JCA

Appearances
SEDIONG UDONNAH Esq (Chief State Counsel Ministry of Justice, Akwa Ibom State) FOR THE APPELLANTS. CAMILLUS BEN Esq FOR THE FOR THE RESPONDENTS.

Judgement

ADEBUKUNOLA ADEOTI BANJOKO, JCA (DELIVERING THE LEADING JUDGEMENT: This Appeal is against the Judgment delivered by Honourable Justice U.F IBRITAM of the Akwa Ibom State High Court, Essien Udim Division on the 14th Day of January, 2022 in Suit No HT/59/2016, contained at Pages 460- 478 of the Record of Appeal, Volume 2.

The Brief facts of the Case that gave rise to this Appeal were that, by an Amended Writ of Summons, filed on the 11th Day of February, 2019, the Respondents, Mr. Ukoong Umoren Akpan and Chief Alphonsus Johnson lwe, filed an action in a Representative Capacity on behalf of the Nto lwe Family of a Village called "Ukana lkot Ngwo" in Essien Udim Local Government Area, Akwa Ibom State. They claimed that the Appellants had acquired their Land, known as "Agwok Nto Akpan Igwe" (also called "Awok Udo Akpa"), covering 12.314 Hectares. They contended that they became owners through inheritance simplicita, with the following boundaries:

  1. Sunshine Batteries Road

  2. Ikot Ide Road

  3. The Landโ€ฆ

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