JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is in respect of an appeal against the judgment of the High Court of Cross River State sitting at Calabar Judicial Division delivered by ITA J. on the 17th February, 2010.
The parties are members of the same Efa Etim Effiom House spread over various parts of Cross-River State and had a dispute over ownership and control of land in Akai Efa Village, in Calabar resulting in the respondents taking out a writ against the appellants at the trial Court seeking the following reliefs stated in paragraph 17 of the Further Amended Statement of Claim filed on 12th January, 2009 and contained on pages 235-238 of the record of appeal as follows:
i. Declaration that the plaintiffs as the head and principal members of Akai Efa Village are those entitled to administer the land of Akai Efa more particularly delineated and edged red in Survey Plan No. ASNL/CR/696/LD/2 drawn by Chief D.A. Aniyom.
ii. A declaration that the 1st d…