1.(A) FLORENCE ASSAM (MRS) MISS ITORO ASSAM MR. S. B. ASSAM (AS PERSONAL REPRESENTATIVES OF THE ESTATE OF FREDRICK ASSAM (DECEASED INTESTATE) BY VIRTUE OF LETTERS OF ADMINISTRATION DATED 14TH JUNE, 1999 ISSUING OUT OF THE PROBATE REGISTRY OF THE HIGH COURT OF LAGOS STATE) SUBSTITUTED FOR DECEASED 1ST DEFENDANT/APPELLANT BY VIRTUE OF ORDER OF COURT OF APPEAL DATED 23RD NOVEMBER, 1999 JACOB ABIA ABASI ASSAM II ATHANASIUS BASSEY ASSAM SUNDAY JAMES JOHN TOM ASSAM AMOS EFFIONG BASSEY (FOR THEMSELVES AND AS REPRESENTING SIX FAMILIES OF IKOT ODIONG) V. EKAETE BASSEY OKPOSIN IDIM UDO INWANG EBUKIBA AKPAN UKPONG BASSEY EKANEM CHIEF BASSEY IKPE EDOHOESE IBIBOM (FOR THEMSELVES AND AS REPRESENTING SIX FAMILIES OF IKOT USO EKONG)

OPENE, JCA (Delivering the Lead Judgment): This appeal arose from the judgment of the High Court of Akwa Ibom State, holden at Eket, delivered by Nkereuwen, J. on 6/4/90, whereby the learned trial Judge entered judgment for the plaintiffs/respondents against the defendants/appellants in respect of their claims for a declaration of customary right of occupancy and perpetual injunction in respect of a piece or parcel of land known and called “Odoro Ndiso” situate at Ikot Use Ukong Village, Eket with N250,00 costs while the claim for damages for trespass over the same land was dismissed. Dissatisfied with this decision, the appellants have now appealed to this court. The appellants filed six grounds of appeal, including the additionalgrounds filed pursuant to the order of this court. Briefs of argument were filed by both sides through their counsel.

In the appellants’ brief of argument, four issues were identified for the determination of the court and they are:-

“(a) Whether Odoro Ndiso…