ORJI-ABADUA JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the High Court of Cross River State, in the Calabar Judicial Division, presided over by S.M. Anjor J, and delivered on 26April 2006 in suit No. C/326/94. The facts giving rise to this appeal are that the respondents instituted civil proceedings against the appellant at the High Court, seeking for: “(a) A declaration that all that parcel of landand the building thereon situate, lyingat and known as No. 10 Wilkie Street, Calabar, is the property of the plaintiff which he acquired by customary gift from his first cousin, Ene Asuquo Ene in 1973 and was issued a certificate of occupancy No. CA/3239/88 thereof.
A declaration that it is an act of lawlessness, illegality and threat tothe peace, for the defendants to break intothe building put thereon by the plaintiff and occupy same without any permission by the plaintiff.
An order ordering the defendants to vacate the said property immediately with a proh…