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MR. MICHAEL UDO UDO V. MR. EMMANUEL UWEM UMO ANYANKANA

(2016) JELR 46590 (CA)

Court of Appeal  •  CA/C/414/2014  •  31 May 2016  •  Nigeria

Coram
ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

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 Akwa Ibom State, Ikot Ekpene Judicial Division delivered by OKON J. on the 7th August, 2014.

The respondent as claimant had taken out a writ of summons against the appellant, his nephew over a parcel of land lying and situate at Abiakpo Ikot Essien, Akwa Ibom State. In the said writ dated 22nd of December, 2011 the respondent sought the following reliefs:

1. A declaration that the claimant is entitled to the statutory right of occupancy over the parcel of land lying and situate at Abiakpo Ikot Essien along Abiakpo Road known and called "Ikot Anyankana or Mbat Enen" and covered by survey plan No. WIMS/AK7362/96.

2. A declaration that any document of title acquired by the defendant in respect of the land now disputed other than that presented at the Village Arbitration Panel and at the Ikot Ekpene District Court dated 9/3/88 and 9/2/88 in Suit…

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