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CaseLaw

Akpan. V. Akpan (1994) CLR 11(i) (CA)

Judgement delivered on 21st November 29th 1994

Brief

  • Committal proceedings
  • Judgement of court of co-ordinate jurisdiction

Facts

There was a dispute between the appellants and the respondents as to the ownership of a parcel of land known as and called Enem Akpabin. The appellants filed an action in the lower court claiming three reliefs: declaration of title to the land, damages for trespass and perpetual injunction. They had judgment. The respondents appealed to this court. The appeal was dismissed. Following further acts of trespass on the land by the respondents, the appellants commenced committal proceedings. Meanwhile Ntia, J., who heard the suit had retired and the committal proceedings came before another Judge. He is Essang, J. He had problems with the Order served by the Registrar of the court along with Form 48. He therefore dismissed the application. Dissatisfied, the appellants have come to us.

Issues

What is required for service on a judgment debtor when being...

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