MR. Emmanuel Akabom Enebong & Anor V. Etubom Alex Otu Edem & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment)

The present appeal is against the Judgment of Cross River State High Court delivered on January 20, 2014 in Suit No. HC/100/2011. By the decision in question, the Court below, Coram Bassey Ebuta, J; entered judgment for the 1st and 2nd Respondents against the 1st, 2nd Appellants and 3rd Respondent, respectively.

BACKGROUND FACTS

On March 23, 2011, the 1st and 2nd Respondents filed in the Court below a writ of summons against the Appellants and the 3rd Respondent seeking some declaratory and damages reliefs. By the statement of Claim thereof filed along with the said writ of summons, the 1st and 2nd Respondents sought against the 1st and 2nd Appellants and 3rd Respondent the following reliefs:

(a) A declaration that by the Lease Agreement dated 25/1/1978 there is a subsisting lease for a period of fifty years between the claimant and the 1st Defendant over the plot of land known as Plot 18 and 20 Block B, Otu Edem residential layout, Calabar Municipality, Cross River State.

(b) An order setting aside and nullity the Certificate of Occupancy No. CA/1845/82

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registered as number 63 at page 63 in Volume 228 of the Lands Registry, Calabar as being obtained wrongfully, illegally and unconstitutionally by the 1st Defendant.

(c) N10,000,000 being general damage against the 1st Defendant for breach of the fundamental terms in the Lease Agreement dated 25/1/1978.

(d) N10,000,000 being general damages against the 2nd Defendant for wrongfully and illegally inter-meddling in Plot 20 of the claimants’ layout without the consent and authority of the claimants.

(e) An order rendering as null and void any transfer of Plot 20 of the claimants? layout to any person by the 1st and 2nd Defendants without the written consent of the Claimants.

Pleadings were filed and exchanged by the respective parties. The suit proceeded to trial. At the conclusion of which the learned counsel filed their respective addresses which they adopted. Consequent upon which, the Court below delivered the vexed judgment on the said February 20, 2014 to the conclusive effect, thus:

(a) For the reasons earlier stated in this judgment, the said Certificate having been obtained without reference to the root of title on the

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