CHIEF J.L.E. DUKE V. CHIEF MAURICE ETIM ENE CHIEF EDET ETIM HOGAN

OMAGE JCA (Delivering the Lead Judgment): This is an appeal by the plaintiff in suit No. C/461/97 against the judgment of Honourable Justice J.O. Ilok of the High Court, Calabar. The judgment was delivered on 28 January 2005. The plaintiff was dissatisfied with the judgment of the court and has filed this appeal. In the court below, the plaintiff claimed from the defendants thus: “(a) N500,000.00 (five hundred thousand naira) being general damages for trespass against the defendant for unauthorized acts committed on the land now in dispute and; (b) Perpetual injunction restraining the defendants or any person claiming through them from trespassing into the said piece ofland.” The defendants filed their statement of defence denying the averment of the plaintiffs, and the plaintiff filed thereto a reply. At the trial, the plaintiff deposed that the arena of land trespassed upon by the defendant are Esa Michael Ntiero farm and Esa Ekpo Okon; and that the pieces of land are part and par…