Chief Gabriel Akumuruk Mbina & Ors V. Chief Mbina Irom Enya & Ors (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment)

This is an Appeal from the Judgment of the High Court of Cross River State Obubra Judicial Division delivered on 13th January, 2016 by Edem Ita Koofreh, J in Suit No. HB/40/2013.

The decision of the Lower Court was sequel to the claim filed by the Appellants as Plaintiffs against the Respondents who were the Defendants. The claim of the Appellants at the Lower Court was for the following reliefs;

1) A declaration that they the claimants and their Ita Mbina Adomi Paternal Family are entitled or deemed to be entitled to the Customary Right of Occupancy over the expanse of land which is situate on both sides of Ikom/Calabar Village, Apiapum, Obubra LGA bounded in the north by Irom Ngazi Paternal Family, south by Ohoma stream, east by Irom Eroma family, and west by Obebema farmland headed by Chief Adomi Ejim referred to in Survey Plan No. IN/228 (LD) dated the 13th November, 1972.

?2) Perpetual injunction restraining the defendants either by themselves, their privies, agents, servants, hirelings, cohorts, cronies or assigns from entering, interfering, trespassing or

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further entering, interfering or trespassing into the said expanse of land.

3) N5,000,000.00 damages on the footing of aggravated damages for trespass.

The parties filed their pleadings and issues were joined. The Lower Court heard the cases of both parties and at the end, dismissed the claim of the Appellants. Aggrieved by the decision, the Appellants filed a Notice of Appeal challenging the decision of the Lower Court. The Notice of Appeal was filed on 15th January, 2016 and it contained four (4) grounds of Appeal.

The Appellant compiled and transmitted the Record of Appeal on 19th April, 2016 but it was deemed properly transmitted on 9th of May, 2017.

The Appellants filed their brief of argument on 25th May, 2016 but deemed properly filed and served on 9th May, 2017. The brief was settled by K. U. Ejukwa Esq., on behalf of the Appellants. They also filed a reply brief on 1st November, 2016 but deemed properly filed and served on 9th May, 2017.

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The 1st, 2nd and 4th Respondents filed their joint brief of argument on 30th September, 2016 but deemed properly filed and served on 9th May, 2017. The brief was settled by D. B. Arikpo Esq.

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