SAMUEL EBONG AKPADIAHA ADIAHA JACK MBRE V. SUNDAY HENRY OWO

EDOZIE, JCA (Delivering the Lead Judgment): By his writ of summons in suit No. HEK/17/86 dated 26/5/86 and filed on 3/6/86 at the then Cross River State High Court, sitting at Eket, the respondent claimed jointly and severally against the appellant, as defendants, (a son and mother) the following reliefs:- “1. N20,000.00 (twenty thousand Naira) damages for trespass to the plaintiff’s land situate at Etebi Idung Akpaisang in Eket Township and particularly described in certificate of occupancy No. EK/225/83. 2. A perpetual injunction restraining the defendants whether by themselves, their privies, agents or servants from entering or using or remaining on the said land.”

Pleadings were ordered, duly filed and exchanged and thereafter parties called witnesses in proof of their respective cases.

The respondent’s case is that in 1978, he purchased from one Emmanuel Ebong of Etebi Idung village, Eket a piece or parcel of land situate thereat and thereafter caused same to be surveyed and depo…