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CHIEF WALTER PETER UBOM & ORS V. CHIEF EYO EKANEM &ORS;

(2017) JELR 34263 (CA)

Court of Appeal  •  CA/C/162/2015  •  12 Jul 2017  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Appearances
MR. AKPANUWA Esq. For Appellant MR. JACK Esq. For Respondent

Judgement

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Akwa Ibom State sitting in Uyo delivered on the 27th March, 2015 by IDIONG, J.

The antecedent facts are that the Respondents representing their Village had taken out a writ of summons against the Appellants as representatives of their neighbouring village over a piece or parcel of land adjoining the two villages wherein they claimed for trespass and sought the following reliefs:

1. The sum of N300,000.00 being the value of the economic crops and trees destroyed at the plaintiff's land by the defendants.

2.The sum of N1million being general damages for the trespass to the plaintiff's land by the defendants.

3. An order of perpetual injunction restraining the defendants, their agents, and privies from further trespassing on the plaintiff's land.

On being served with the processes, the Appellants filed their pleadings and counter claimed as follows:

The Defendant…

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