NWALI SYLVESTER NGWUTA, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment of Itam, J of the High Court of Justice, Calabar Judicial Division, Cross River State. The judgment in Suit No. HC/219/06 was delivered on 26/2/07.
Endorsed on the Writ of Summons issued on 6/6/06 are the claims of the Plaintiff's against the defendants:
1. An order that the plaintiffs are entitled to the Certificate of Occupancy over the land in dispute described in Plan No. DAAC/CR/18/1 dated 29/11/77 and made by Dien Aniyom, licensed Surveyor.
2. AN ORDER of perpetual injunction restraining the Defendants by themselves, their agents, servants or assigns from upon or dealing with the land in dispute in any way without the consent and authority of the Plaintiffs.
3. An order for account and return of all monies/proceeds collected over the land in dispute by the Defendants.
4. N15 million Naira damages of trespass. (See page 5 of the records)
Upon service on them of the writ and sta…