EDEM EKPENYONG V. CHIEF AKIBA ETOK AYI

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The present appellants are the defendants to an action instituted against them by the respondents as plaintiffs, in the High Court, Calabar, (South Eastern State) in which the plaintiffs claim a declaration of title to land situate in "Ekene Village in Okoyong Division" and called by the plaintiffs "Ekene Esuk", 100 pounds damages for trespass and a perpetual injunction. The plaintiffs' statement of claim avers that the defendants had been sued "for themselves and on behalf of the family of Edem Ekpenyong." This is contained in paragraph 2 of the statement of claim, which reads in full as follows:

"The defendants are Efiks and the 1st defendant is the head of Edem Ekpenyong family. The 2nd, 3rd and 4th defendants are members of the said family of Edem Ekpenyong, a branch of Eyamba family of Calabar.The defendants are sued for themselves and on behalf of the family of Edem Ekpenyong aforesaid."

The statement of claim further sta…