MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of His Lordship, Honourable Justice Micheal Edem then of the Ogoja Judicial Division of the High Court of Cross River State delivered on 9th day of November, 2009, in Suit No. HJ/171/2005.
The Respondent as Plaintiff took out a Writ of Summons accompanied by Statement of Claim on 17/11/2005 against Appellants Defendants. By paragraph 21 of the Respondent’s Plaintiff’s Statement of Claim, he claimed thus:
WHEREOF the plaintiff has suffered loss and claims against the Defendants jointly and severally as follows:
(a) A DECLARATION that the plaintiff is the owner of the land with twin three bedrooms bungalows therein lying and situate at Ochochi–Okpoma more particularly lying along Okpoma/Okuku Highway opposite General Hospital, Okpoma which land and house is witnessed by Agreement dated 26th day of December, 1992.
(b) A DECLARATION that the conduct of the Defendants, their agents, privi…