ACCELERATED EDUCATIONAL SERVICES LTD. & ANOR V. PRINCE EKPO OKANG EKPO & ANOR

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State, Calabar Judicial Division, delivered on 5th June, 2009 in Suit No. C/246/96, which the respondents as plaintiffs commenced through the Writ of Summons filed on 16th May, 1996 for the reliefs averred as follows in paragraph 13 of the Further Amended Statement of Claim filed on 31/3/2009:

"1. A declaration that the plaintiffs are entitled to a Statutory Right of Occupancy over all that parcel of land lying, being and situate at Njahasang village in Big Qua Town, Calabar.

2. A mandatory injunction compelling the Defendants by themselves, agents, or privies to remove from the plaintiffs land forthwith the walls and other structures erected thereon as part of the defendants' sports stadium complex.

3. A perpetual injunction restraining the defendants, their servants, agents or privies from howsoever trespassing into the said land."

4. The sum of N30…