Chief Sunday Eyo Okon Obong V. Buae Enterprises Limited (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment)

Appellant, as Claimant in the Uyo Judicial Division of the Akwa Ibom State High Court, instituted a suit against the Respondent as Defendant for the declaration of land known as Esa Akpan Nsek, an order of perpetual injunction against the Respondent and Five Million Naira damages for continuous trespass to the said land.

Judgment was delivered by Uwana, J., on the 29th of March, 2012. After the judgment, the Learned trial Judge invited counsel for the parties to address the Court on why the Appellant should not be non suited. Both counsel addressed the Court on 30/3/2012 whereby the Learned trial Judge entered an order of non suit against the Appellant. The Respondent had raised in his pleadings and evidence that the Appellant’s suit was statute barred, since the adverse claim in favour of the Respondent over the land in dispute was created in 1987 and the Appellant became aware of this fact in 1995, while this suit was commenced in 2008.

?In a considered judgment, the Learned trial Judge dismissed the issue of limitation of Action raised by the

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Respondent and entered an order of non suit for the Appellant. The dismissal of the issue of limitation of action and the order of non suit culminated in the filing of this appeal.

This appeal is on all fours with Appeal No. CA/C/173/2012. The parties are the same and judgment appealed against is also the same judgment in suit No. HU/455/2008, delivered by UNWANA, J, of the Akwa Ibom State High Court, Uyo Judicial Division on the 29th of March, 2012 and 30th of March, 2012 respectively.

The Appellant in appeal No. CA/C/143/2012 is the Respondent in appeal No. CA/C/173/2012 while the Appellant in CA/C/173/2012 is the Respondent in CA/C/143/2012.

In view of the fact that these two appeals are exactly the same, the judgment in appeal No. CA/C/173/2012 is binding on the parties.

There is no need reproducing the said judgment here since a decision has been taken in appeal No. CA/C/173/2012, that decision cannot be uttered here.

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Other Citation: (2016)LCN/9129(CA)

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