OSO AYA (ALIAS OSO EFFIONG) & ANOR V. EMMANUEL DANIEL HENSHAW & ANOR

SIR I. LEWIS, J.S.C. (Delivering the Leading Judgment): The plaintiffs claimed 200pounds damages for trespass together with an injunction to restrain the defendants from further acts of trespass on the plaintiffs' land in Plaint: MU/62/58 in the Chief Magistrate's Court, Calabar but on the 28th December, 1960 the learned Chief Magistrate dismissed the claim with 50 guineas costs holding, as we understand the judgment, that the defendants were entitled to build where they did as it was not on land awarded to the plaintiffs in a judgment by Webber J. in Suit No. 610/1910 delivered on the 21st September, 1911. The plaintiffs appealed against that decision to the High Court, Calabar but during the course of the argument of counsel, Mr. Anwan, the record reads as follows:

"Court to both Counsel: My impression of this case is that the evidence therein is unsatisfactory in some respects. And I feel like exercising the powers conferred on this Court by Order 56,rules 16 and 17.

Anwan: I woul…