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CHIEF AQUA EDEM ARCHIBONG CHIEF BASSEY ADO MR. OKON EDET ANIEKPON MR. ASUQUO INYANG MR. ENE OKON MADAM ITO OKOH (For themselves and as representing Ifiang Nsung and Ifiang Oyong Community, Akpabuyo, Calabar) CROSS RIVER STATE MINISTRY OF AGRICULTURE V. CHIEF ASUQUO ITONG ITA CHIEF EDET ABIANA INWANG CHIEF OKON EDET ETIGHI CHIEF EDET OKODI CHIEF EFIONG UDO (For themselves and as representing Ikot Iwang Community, Akpabuyo, Calabar Division)

(2004) JELR 57690 (SC)

Supreme Court  •  SC.103/1995  •  16 Jan 2004  •  Nigeria

Coram
IDRIS LEGBO KUTIGI, JSC (Presided) SYLVESTER UMARU ONU, JSC SAMSON ODEMWINGIE UWAIFO, JSC NIKI TOBI, JSC (Read the Lead Judgment) IGNATIUS CHUKWUDI PATS-ACHOLONU, JSC

Judgement

TOBI, JSC (Delivering the Lead Judgment): This is a representative action. It is between two communities in Cross River State. Ikot Iwang is one. The other is Ifiang Nsung and Ifiang Oyong. They share one name in common. It is Akpabuyo. The two communities have been in litigation for over eighty-eight years. This would appear to be the third case on record. The first one was decided in 1915. The trial Judge was Webber J. The judgment of the court is exhibit 9. It was delivered on 22nd February, 1915. The second one was decided on 3rd November, 1941. The trial Judge was Martindale, J. The judgment of the court is exhibit 2.

In exhibit 9, representatives of the appellants filed an action against representatives of the respondents for a declaration of title to Isong Ifiang or Aqua Ubom. Webber, J., in his judgment, held thus:

“In this case I find from the evidence that the land in disputecalled Ifiang Nsun or Aqua Ubom and including the beach land called Esuk Okon has always been and is …

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