WALDEM HOLDINGS LTD. & ORS V. S. E. AKPAINENEM & ANOR
(2002) JELR 49434 (CA)
Court of Appeal
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CA/C/132/99
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26 Jun 2002
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Nigeria
Coram
DENNIS ONYEJIFE EDOZIE JCA;
SIMEON OSUJI EKPE JCA;
SULE AREMU OLAGUNJU JCA;
Appearances
Chief U. S. Uyouko For Appellant
C. A. Udoh, Esq. For Respondent
Judgement
<p>OLAGUNJU, J.C.A. (Delivering the Leading Judgment): This appeal is from the decision of Akpabio, J., refusing the defendants/appellants' application for joinder, of one Nse Okon Akpan Essien, who in subsequent references, would be called 'N. O. A. Essien' whenever the context permits as a representative of the family of Okon Akpan Akpan Essien claimed to be the defendants/appellants' landlord to defend the action for declaration of title to land, trespass to the land and injunction to restrain further trespass to the land instituted against the defendants/ appellants by the plaintiffs/respondents. The history of the application giving rise to this appeal is circuitous for an easy understanding, of which it is necessary to give a rundown of the background facts. </p><p> On 15/2/95, the two respondents as plaintiffs took out a writ of summons against the 3 appellants as defendants and in paragraph 26 of their statement of claim filed on 17/3/95, the plaintiffs sought the following reliefs, viz…</p>