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EDET UDOEKONG UDOFIA v. EKPUK AWAK AKPAN & ORS

(2016) JELR 33472 (CA)

Court of Appeal  •  CA/C/132/2013  •  1 Jul 2016  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; CHIOMA EGONDU NWOSU-IHEME JCA; ONYEKACHI AJA OTISI JCA;

Judgement

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This appeal is brought by the Appellant against the judgment of High Court of Akwa Ibom State, Etinan Judicial Division, sitting in its appellate jurisdiction, Coram Honourable Justice U. E. Essang, delivered on April 29, 2010.

The Respondents as plaintiffs had filed a claim in the Customary Court of Asang seeking a declaration that they were entitled to the customary right of occupancy over the piece of land known as "Ndon Awak" situate at Oboyo Ikot Ita within jurisdiction of the Court, N1,000 (One Thousand Naira) damages for trespass and perpetual injunction to restrain the Appellant as defendant from further interference with the said land. The case filed in the Customary Court of Asang, was heard at the Mbioto Customary Court, Etinan. At the hearing, the Respondents herein, plaintiffs therein, called two witnesses while the Appellant herein, as defendant, called two witnesses. At the conclusion of hearing, the Customar…

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