MR. ESSIEN NYONG ETIM V. MR. BASSEY BASSEY EFFIONG

CHIOMA EGONDU NWOSU-IHEME, J.C.A.(Delivering the Leading Judgment): The Appellant was the Defendant at the trial Court in the Suit filed by the Respondent herein as Claimant. Judgment was entered against the Appellant in favour of the Respondent by AKON, B. IKPEME, J, of the Calabar Judicial Division of the Cross River State High Court in Suit No. HC/172/2008 delivered on the 12th of December, 2012.

Aggrieved by that decision, the Appellant has appealed against the said judgment.

SUMMARY OF FACTS:

The Respondent as Claimant at the trial Court brought an action before the High Court of Cross River State claiming a declaration that he is entitled to the statutory right of occupancy over the property situate at No. 1 Effio Ene Street, Calabar which he claimed he inherited from his mother, late Mrs. Nkoyo Edet Ekanem.

The Respondent claimed that his late mother acquired the disputed property from Mrs. Affiong Edet Ekanem (his Grandmother) who in turn acquired the said property by customary gr…