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 …