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ETEIDUNG ANIETIMFON UDOH & ORS V. AKWA IBOM STATE GOVERNMENT & ANOR

(2013) JELR 35619 (CA)

Court of Appeal  •  CA/C/160/2010  •  10 Jun 2013  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JOSEPH TINE TUR JCA; ONYEKACHI A. OTISI JCA;

Appearances
E. J. Uko Esq. For Appellant Iniobong M. George Esq., Director, Civil Litigation, Ministry of Justice, Akwa Ibom State - 1st RespondentS. U. Ndah Esq. - 2nd Respondent For Respondent

Judgement
<p><strong>ONYEKACHI A. OTISI, JCA (Delivering the Leading Judgment):</strong> This appeal is against the Judgment of the Akwa Ibom State High Court sitting of Uyo, Akwa Ibom State, delivered on 2nd July, 2010 in Suit No. HJ/117/2009.</p><p> The Appellants who were the original owners, communally and individually, of a large expanse of land situate in Effiat Offot and Afaha Offot Villages in Uyo Local Government Area of Akwa Ibom State, measuring over 7 hectares, had as plaintiffs instituted Suit No. HU/117/2009, against the Respondents, as Defendants. The said land was compulsorily acquired by the 1st Respondent. The said acquisition and revocation of Right of Occupancy were published in the Pioneer Newspaper editions of Monday, 25th December, 1995 and Monday, 6th May, 1996 respectively. In their Amended Statement of Claim, the Appellants claimed against the defendants, jointly and severally, as follows:</p><p> 1. A Declaration that where the land of the Plaintiffs was compulsorily acquired by the Government for a pa…</p>

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