Mrs Affiong Aaron Umoh & Anor V. Catherine George Udoh (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment)

This is in respect of an appeal against the judgment of the High Court of Akwa Ibom State, Uyo Judicial Division delivered on the 23rd December, 2012 by E. Edemekong J.

The appellants as plaintiffs had taken out a writ against the respondent over a dispute involving a property situate and known as 42A, Ikot Ekpene Road, Abak, Akwa Ibom State upon which the appellants took out a writ on the 24th June, 1998. The reliefs sought were as contained in Paragraph 12 of the Further Amended Statement of claim filed on 11th July, 2006 upon which the case was heard, contained on pages 178-180 of the record of appeal as follows:

(a) A declaration that they are as against the defendant entitled to the statutory right of occupancy of the property known as and situate at No. 42A, Ikot Ekpene Road, Abak.

(b) A declaration that neither the defendant nor Late Mr. George Hilary Udoh (the person from whom the defendant claims to derive title) has any right whatsoever to the said property or any part thereof.

(c) A declaration that any purported sale or pledge of the said property to the

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Late Mr. George Hilary Udoh is null, void and of no effect whatsoever.

(d) An injunction restraining the defendant whether by himself, his agents workmen, servants and/or privies from any acts of trespass on the said property particularly from collecting rents from the tenants therein or in any tampering or interfering with the administration of the said property.

(e) An account of all the rents collected from tenants in the property since February, 1980 and payment of same to the plaintiffs.

On being served, the defendant joined issues with the plaintiffs and filed a counter-claim seeking the reliefs contained in the amended statement of defence and counter-claim filed on 3rd August, 2005 contained on pages 161-168 of the record of appeal as follows:

(a) A declaration that the defendant Mrs. Catharine George Udoh is entitled to the right of occupancy of the property known as and called No. 42A, Ikot Ekpene Road, Abak-forfeiture and;

(b) An order of forfeiture and vacant possession of the rooms at No. 42A Ikot Ekpene Road, Abak, which the 1st plaintiffs let, on ground of her challenge of her landlord’s title.

(c) Arrears of rent at