Mr. Michael Udo Udo V. Mr. Emmanuel Uwem Umo Anyankana (2016)

LawGlobal-Hub Lead Judgment Report

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A.

 This is in respect of an appeal against the judgment of the High Court of Akwa Ibom State, Ikot Ekpene Judicial Division delivered by OKON J. on the 7th August, 2014.

The respondent as claimant had taken out a writ of summons against the appellant, his nephew over a parcel of land lying and situate at Abiakpo Ikot Essien, Akwa Ibom State. In the said writ dated 22nd of December, 2011 the respondent sought the following reliefs:

1. A declaration that the claimant is entitled to the statutory right of occupancy over the parcel of land lying and situate at Abiakpo Ikot Essien along Abiakpo Road known and called “Ikot Anyankana or Mbat Enen” and covered by survey plan No. WIMS/AK7362/96.

2. A declaration that any document of title acquired by the defendant in respect of the land now disputed other than that presented at the Village Arbitration Panel and at the Ikot Ekpene District Court dated 9/3/88 and 9/2/88 in Suit No. HT/4A/86 between one Umo Essien Akpan Essien and Udo Adiako Udo Ukut in respect of a different property is a fraud and of no effect.

3. An order of

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perpetual injunction restraining the defendant, his agents, privies and cohorts from further trespass into the claimant’s land aforesaid.

4. An order directing the defendant to pay to the claimant the sum of Ten Million Naira (N10m) as damages for all acts of trespass into the land of the claimant.

5. Cost of action/writ assessed at N100,000.00.

On being served with the originating processes, the appellant filed a defence and counter-claimed against the respondent as follows:

(a) A declaration that the defendant trespassed into the land of the plaintiff known as and called Mbat Enen lying and situate at Abiakpo Ikot Essien Village in Ikot Ekpene Local Government Area of Akwa Ibom State.

(b) Special damages to the tune of N149,000.00 (One hundred and forty-nine thousand Naira).

(c) General damages to the tune of N846,000.00 (Eight hundred and forty-six thousand Naira).