CHIEF ASUQUO EKPA & ORS V. CHIEF ETIM AKPAN UTONG & ORS

E. O. I. AKPATA, J.S.C. (Delivering the Leading Judgment): The main issue in this appeal is the competence or otherwise of the Court of Appeal to re-evaluate the evidence adduced in a District Court particularly where the High Court, in its appellate Jurisdiction, affirmed the decision of the trial District Court. There is also the question, amongst others of the need of an appellate court in dealing with judgments from District or Customary Court to go beyond what appears on the face of the writ and pin-point from the entire evidence before that court what was really the nature of the dispute.

At the District Court of Northern Ibesikpo Cross-River State, now Akwa Ibom State, the plaintiffs instituted an action against the defendants in August, 1981 claiming as follows:

"The Plaintiffs claim against the Defendants is for Defendants to allow to the Plaintiffs 6 parcels of land known and called "Akimkim (2) Okonomfuk. (3) Eka-asara, (4) Ndon Umon. (5) Edem Akai and (6) Owok Ederelaha" s…