MOJEED OWOADE, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of Okoi Ham, J. delivered in the Calabar Judicial Division of the Cross River State High Court on 3rd April, 2007.
By a Writ of Summons dated 9/10/2001, the Respondent as Plaintiff claimed against the Defendant/Appellant as follows:
1. A Declaration that the Plaintiff is the owner of that piece or parcel of land together with the buildings situate and lying and being at 46, Ekondo Street, Calabar, Cross River State.
2. A declaration that the Defendant's interest in the said parcel or piece of land situate and lying and being at 46 Ekondo Street, Calabar, Cross River State has extinguished by virtue of Deed of Gift dated the 27th day of October, 1976 between Effanga Bassey Asuquo (the defendant) and Doctor Archibong Okon Bassey (Plaintiff).
3. A declaration that the occupation by the Defendant of the Plaintiff's said building at 46 Ekondo Street, Calabar, without the consent of the Plaintiff …