CHIEF EDWARD ODEY ABUA V. MR. ANTHONY OKOLI OLIM

STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross-River State in Suit No. HJ/46/2008 delivered on the 5th day of March, 2009 by Michael Edem, J, (as he then was), sitting at Ogoja Judicial Division of the Court. The Respondent in this appeal was the Plaintiff in the Court below while the Appellant was the Respondent at the said Court.

The claim of the Respondent as shown on the writ of summons and the statement of claim is as follows:

a. A DECLARATION that the Claimant is the owner and deemed holder of the Customary Right of Occupancy over the piece and parcel of land lying and situate at the left hand side on the Road to Ubekpa. Bekwarra Local Government bounded with the land of Anyankwa Okumene behind and the road leading to Ubekpa in front and is also known and called ENYI-UBUBA in Abuagbor Alachor Bekwarra Local Government Area.

b. A DECLARATION that the action of the Defendant which consist of entering the…