EMMANUEL EBONG AKPADIAHA V. USORO HARRY UKO

STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Akwa Ibom High Court holden at the Uyo Judicial Division delivered on the 31st day of October, 2013 in Suit No. HEK/103/2000.

The Respondents as Plaintiffs in the Court below sued the Appellant in a representative capacity as representing themselves and Uko Family of Ikot Ebo Village, Eket, Akwa Ibom State. The Respondents in their Writ of Summons and Statement of Claim filed respectively on 6th June, 2000 and 5th April, 2001 in the Lower Court claimed against the Appellant as follows:

a) A Declaration that the Plaintiffs are entitled to the Statutory Right of Occupancy in respect of the land called "Ndon Iko Ekpu lying and situate at Ikot Ebok in Eket Township, Eket Local Government Area, Akwa Ibom State.

b) A perpetual injunction restraining the Defendant by themselves, their agents, servants or privies from further entering, using or remaining on the said land. (The Plaintiffs n…