Mr. Epal Ofem Obono & Anor V. Mr. Ubi Ubi Obono (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

The present (interlocutory) appeal is against the ruling of the High Court of Cross River State, delivered on January, 2014, in suit No. HUG/35/2013.

By the said ruling, the Court below dismissed the Appellants, application seeking to dismiss the Respondent’s suit. Dissatisfied with the said decision, the Appellants filed the notice of appeal thereof on January 16, 2014.

BACKGROUND FACTS

On October 3, 2013, the Respondent filed in the Court below a writ of summons against the two Appellants seeking the following reliefs:

(i) A Declaration that the claimant is entitled to the Statutory Right of Occupancy over the piece of land situate and known as No. 23 Ikom/Calabar Highway Lekpamkom, Ijiman, Ugep, measuring 1268.25 Square Meters bounded in the North by Etowa Ayom, south by Ebali Iwara Ekuta and Abam Iwara Ekuta, east by the Ikom/Calabar Highway, across which highway is Udumo Amos and west by Nkanu Openi.

(ii) Perpetual injunction restraining the defendants either by themselves, privies, agents, cohorts or hirelings from entering or further entering or

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trespassing into the said land or any part thereof and from doing anything inconsistent with the proprietary and possession rights of the claimant.

(iii) The sum of N5,000.00 each per month as profits in lieu of rents due to the claimant from the defendants.

(iv) The sum of N5,000,000.00 as General Damages for trespass.

See page 2 of the Record of Appeal.

Consequent upon the service of the writ of the Respondent’s summons and statement of claim, the Appellants filed their joint statement of Defence on October 28, 2013. Pursuant to Order 17 Rule 18(1) of the High Court (Civil Procedure) Rules, the Appellants equally filed a motion on notice seeking the following reliefs:

“(i) An order dismissing this action.