CHIEF AKPAN UDO UDO AKPAN V. CHIEF UDOKANG AKPAN ISA

OWOADE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Hon. Justice (Dr.) Nsima Akpabio of the High Court of Akwa Ibom State, sitting at Ikot Ekpene Judicial Division delivered on 26 October 1999.

The respondent as plaintiff for himself and on behalf of the people of Mbiakpa Ibakasi, took out a civil summons against the appellant for and on behalf of the people of Mbiabong Mbat in suit No. 58-60/95 consolidated, of Ikono North District Court on March 1995 from where the suit moved to Ikono Middle District Court on 5 June 1996 where three (3) new suits were filed and consolidated, viz. Misc. 1/96, 2/96 and 3/96 claiming as follows:

Misc. 1/96

“i. Claim is for declaration of customary right of title to a parcel of land known and called “Usuk Nkono” situated at Mbiakpa Ibakasi. Action arose since March 1995. . Is for N1,000.00 (one thousand naira) damages for destroying cassava and other economictrees in the land without plaintiff’s consent.”

Misc. 2/96

“i Cl…