MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Cross River State, sitting at Calabar in Suit No. HC/452/2006, delivered on the 11/5/2010 by which the Appellants' case against the Respondents, was dismissed. The Appellants had sued the Respondents before the High Court for damages for trespass and injunction in respect of Kasuk land. At the trial, only the Appellant called a sole witness in support of the claims and at the end of trial, the High Court entered the aforementioned judgment.
Being aggrieved with the dismissal of their case, the Appellants brought this appeal vide a notice of appeal dated 17th but filed on the 21/7/2010, which was amended with leave of the court. The amended notice of appeal was filed on the 29/7/2011 but deemed on the 14/01/2013.
In the Appellants' brief, settled by Chief Orok I. Ironbar, of counsel filed on the 17/10/2013, the following issues were submitted for decision in the appe…