NTOE ANDREW O. ANSA, CHIEF EDEM ASI ODO, CHIEF C.O. EFFIOM & MR. ASIM ITA (FOR THEMSELVES AND ON BEHALF OF KASUK QUA CLANS, CALABAR) V. CROSSLINES LIMITED, THE COMMISSIONER OF LANDS, SURVEY & TOWN PLANNING & LAND USE AND ALLOCATION COMMITTEE

JUMMAI HANNATU SANKEY, J.S.C. (Delivering the Lead Judgment): This appeal is against the judgment of the Court of Appeal, Calabar Division (hereinafter referred to as the 'Court below') delivered on May 19, 2005, Coram Judex: Dalhatu Adamu, JCA, Christoper Chukwuma-Eneh, JCA and Jean Omokri, JCA. Therein, the Court below affirmed the decision of the Cross River State High Court (hereinafter called the 'Trial Court') delivered on July 17, 2001 wherein it had dismissed the application brought by the Applicants (now Appellants) to relist their suit, on the ground of its incompetence. 

This case has a checkered history which can be briefly summarized thus: The Appellants herein approached the trial Court vide a Writ of Summons issued on August 20, 1991 wherein it claimed against the Respondents a Declaration that the rights (if any) of the 2nd and 3rd Respondents over the land in dispute had been extinguished, an award of damages, a perpetual injunction and the payment of compensation. 

Cle…