MOJEED A. OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal from the Judgment of O.I. Itam, J. delivered on 26th day of July, 2007 in Suit No. HC/219/2009 at the Calabar Judicial Division of the High Court of Cross River State. By a writ of summons and statement of claim filed on 8th August, 2006, the Appellants as Plaintiffs claimed against the Defendants/Respondents jointly and severally as follows.
1. An order that the Plaintiffs are entitled to the certificate of Occupancy over the land in dispute described in Plan No. DAACO/CR/18/1, dated 29/11/77 and made by Dien Aniyom, Licensed surveyor.
2. An order of perpetual injunction restraining the Defendants by themselves, their agents, servants or assigns from further interfering, entering upon or dealing, with the land in dispute in any way without the consent and authority of the Plaintiffs.
3. An order for Account and return of all monies/proceeds collected over the land in dispute by the Defendants.
4. N15 Milli…