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CHIEF JOHN FRANCIS UDOEBOI & ORS v. MR. MICHAEL AKPAN UDOUSUA

(2016) JELR 41656 (CA)

Court of Appeal  •  CA/C/231/2014  •  14 Apr 2016  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; CHIOMA EGONDU NWOSU-IHEME 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 on the 19th May, 2014 by Stephen E. Okon J.

The respondent as Claimant had taken out a writ of summons against the appellants who had without his consent created an access road across his land. His reliefs as contained in the amended writ of summons dated 14th January, 2013 on pages 44-46 of the record of appear were as follows:

1. A declaration that the acts of the Defendants in entering upon the land of the claimant without his consent and permission and destroying his cultivated crops is unlawful.

2. The sum of N730,000 special damages for the crops destroyed on the land.

Particulars of Special Damages

a. 50 stands of plantain at N2,000.00 - N100,000.00

b. 65 stands of banana at N2,000.00 - N130,000.00

c. 200 stands of yam at N1,000.00 - N200,000.00

d. 200 stands of fluted pumpkin at N1,00…

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