Mr. Ubi Solomon Ubi & Anor V. Mr. Patrick Otu Ubi (2016)

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IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. 

The present appeal is consequent upon the ruling of the High Court of Cross River State, holden at Ugep Judicial Division, delivered on October 31, 2013 in Suit No, HUG/30/2013. By the said ruling, the Court below, coram E. E. Ita, J; dismissed the Appellants’ suit seeking to set aside the consent judgment delivered in Suit No. HUG/31/2010 on October 31, 2012. Aggrieved by the said decision, the Appellants filed the notice of appeal thereof in the Court below on November 5, 2013.

BACKGROUND FACTS

On August 19, 2013, the Appellants filed the instant suit in the Court below thereby seeking against the Respondent inter alia some declaratory reliefs:

”a. An Order setting aside the purported consent judgment delivered in Suit No. HUG/31/2010 by Honourable Justice Michael Edem of the High Court of Cross River State sitting in Ugep on the 31st October, 2012 and to set down the case HUG/31/2010 for hearing on the judgments between the Claimants and Defendant in the interest of justice and fair hearing to all parties.

b. An Order declaring that by virtue of the Certificate

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of occupancy UG/11/81, the property an uncompleted storey building lying and situate at Ikom-Calabar Highway, Convent Village in Ugep, Yakurr Local Government Area of Cross River State is the bona-fide property of Late Mr. Solomon Ubi Edu which said property automatically devolved on the deceased’s estate.

c. An Order declaring that the various actions or interference by the Defendant with the subject matter and the deliberate fraud and forgery of documents in his favour to appropriate the subject matter to himself as well as his futile attempt to eject the Claimants and dispossess them of their property constitutes acts of trespass.

d. An Order awarding the sum of N5,000,000.00 only as general damages against the defendant for all the various acts of harassment, intimidation and undue interference with the subject matter.

e. Any other Order the Court may deem fit to make in the circumstance of the case.

See pages 15 – 16 of the Record.

Pleadings were filed by the respective parties. However, in the course of trial the Respondent filed an application on September 12, 2013 in the Court below, praying for the following reliefs:

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