Augustine Bassey Ene V. Chief Asuquo Asikpo & Anor. (2009)

LawGlobal-Hub Lead Judgment Report

THERESA NGOLIKA ORJI-ABADUA, J.C.A.

This is an appeal against the ruling of the High Court of Cross River State, in the Calabar Judicial Division, presided over by S.M. Anjor J, and delivered on 26/4/2006 in Suit No C/326/94.

The facts giving rise to this appeal are that the Respondents instituted civil proceedings against the Appellant at the High Court, seeking for:

“(a) A declaration that all that parcel of land and the building thereon situate, lying at and known as No. 10 Wilkie Street, Calabar is the property of the Plaintiff which he acquired by customary gift from his first cousin, Ene Asuquo Ene in 1973 and was issued a Certificate of Occupancy No. CA/3239/88 thereof.

(b) A declaration that it is an act of lawlessness, illegality and threat to the peace, for the Defendants to break into the building put thereon by the Plaintiff and occupy same without any permission by the Plaintiff.

(c) An order ordering the Defendants to vacate the said property immediately with a prohibitive injunction against the Defendants, either by themselves, agents, allies, privies, principals or whomsoever from interfering with the Plaintiff’s right or peaceful enjoyment of the property by whatever means.”

The Plaintiff claims the following sums as special damages

(a) Cost of 6 large window frames at N350.00 = N2,100.00

(b) Cost of 2 medium sized Frames at N300.00 = N600.00

(c) Cost of 100 Ceiling Boards at N110.00 = N11,000.00

(d) Cost of 120 Louvers Glasses at N40.00 = N4,800.00

(e) Cost of Electrical Wiring and Fittings at N25,000.00 = N25,000.00

(f) Cost of Plumbing Works and Fittings = N21,000.00

(g) Cost of 6 Doors with Frames at N1,000.00 = N6,000.00