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CaseLaw

MFA & Anor V. Inongha (2014) CLR 1(g) (SC)

Judgement delivered on January 17th 2014

Brief

  • Issues for determination
  • Adjournment
  • Contempt of court
  • Fair hearing
  • Technical Justice
  • Order 37 Rule 22 of the Cross River State High Court Rule
  • Section 36(1) of the 1999 Constitution
  • Section 294(1) of the 1999 Constitution

Facts

In the High Court of Justice of Cross River State, sitting at Ikom, the Respondent, as plaintiff, claimed against the appellants as defendants as follows:

  • 1.
    A declaration that he is owner and entitled to possession of the plot of land and house thereon and situate along Ikom/Calabar Road.
  • 2.
    A mandatory order compelling the defendants to hand over all relevant documents in relation to plaintiff's plot.
  • 3.
    A perpetual injunction restraining the defendants, their agents, privies, servants from further interfering with right of the plaintiff to the aforesaid plot and house."

The matter was finally determined in the Calabar Judicial Division of the Cross River State High Court by the learned trial Judge, Edem, J., before whom trial opened in the Ikom Judicial Division. In his judgment delivered on 5th March, 2002 the learned trial Judge granted the three reliefs claimed by the Respondent as plaintiff. The learned trial Judge made an award of N5,000 in favour of the respondent against the appellants as costs.

Appellants were aggrieved and on the 25th day of March, 2002 they filed a notice of appeal containing 5 (five) grounds of appeal.

The Court of Appeal, Calabar Judicial Division, dismissed the appeal on 23rd November, 2004 with N10,000 costs in favour of the Respondent against the Appellants. Being dissatisfied again with the judgment against them, appellants appealed to this Court

Issues

  • 1.
    Whether the justices of the Court of Appeal were right in holding that the...
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