Ime Friday Udotim & Anor V. Uyo Udo Idiong & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A.(Delivering the Leading Judgment)

This is in respect of an appeal against the interlocutory decision of the High Court of Akwa Ibom State, Ikot Ekpene Judicial Division delivered on the 15th November, 2012 by STEPHEN E. OKON J.

The Appellants as representatives of their Ufuku Village under Okon Clan in Essien Udim Local Government Area of Akwa Ibom State had commenced an action against the Respondents as representatives of Ikot Uko Etor Village equally under Okon Clan of Essien Udim Local Government Area of Akwa Ibom State over a piece or parcel of farm land called ?Amadum or Amarom” lying being and situate at Ufuku Village, Okon Clan of Essien Udim Local Government Area of Akwa Ibom State.

In the course of the said litigation exercise, the Appellants filed a motion on 1st June, 2012 contained on pages 13-34 of the record of seeking the following reliefs:

(a) An order granting leave to the Claimants/Applicants to amend their statement of claims, list of witnesses, written deposition of witnesses and list of documents to be relied upon in the manner shown in the proposed processes annexed to the affidavit

1

in support of this motion as exhibits.

(b) And for such further ORDER or ORDERS as the Honourable Court may deem fit to make in the circumstances of this case.

The application was opposed by the Respondents who filed a counter-affidavit in response thereto on the 6th June, 2012 contained on pages 81- 83 of the record of appeal. The Appellants responded to the said counter-affidavit via a further affidavit filed on the 18th June, 2012 contained on pages 86-87 of the record of appeal.

After taking the arguments of counsel the learned trial Judge delivered a considered ruling on the 27th November, 2012 refusing the reliefs sought by the Appellant and dismissing the said application.

Dissatisfied at this outcome, the Appellants invoked the appellate jurisdiction of this Court via a Notice of Appeal filed on the 28th August, 2014 with the leave of this Court containing 3 grounds.

At the hearing of the appeal, Miss Ekeng adopted the Appellants’ brief filed on the 17th September, 2014 but deemed properly filed and served on the 26th September, 2016 as well as the Reply brief filed on the 21st November, 2014 but equally deemed properly filed

2

and served on the 26th September, 2016 as the arguments of the Appellants in pursuance of this appeal.