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DANIEL I. USHIE v. ASUQUO ASUQUO EDIT & ANOR

(2009) JELR 47367 (CA)

Court of Appeal  •  CA/C/98/2007  •  21 Apr 2009  •  Nigeria

Coram
N. S. NGWUTA JCA; JEAN OMOKRI JCA; T. N. ORJI-ABADUA JCA;

Judgement

THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the Leading Judgment): The Appellant initiated an action against the Defendants at the High Court of Cross River State, sitting at Calabar by way of a Writ of Summons dated 19/7/06 and filed on the same date. Three reliefs were sought and consequent upon that, the Plaintiff filed a Motion on Notice, on that same date, praying the Court for an order of interlocutory injunction against the Defendants.

It must be pointed out that there is no disclosure on the record of appeal before us that pleadings between the parties had been filed and exchanged.

So, it clear on the record that the Defendants have not filed their Statement of Defence let alone counter-claiming for a declaration of title over the said piece of parcel of land situated in Ekorinim Town, Calabar. They, also, did not commence a separate action for a declaration of title and an order of perpetent injunction against the Plaintiff in respect of the same parcel of land. Neverthel…

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