JEAN OMOKRI, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the judgment of Hon. Justice M. O. Eneji of the High Court of the Cross River State sitting at Akampa, in Suit No: HR/1/92 delivered on 19/5/2008.
The facts of this case are that the parties were living together as one in Old Netim, which they acquired from the Mbarakom people in 1912 for a consideration. Later the present appellants moved from Old Netim to New Netim. Apparently there was no reason why the appellants left Old Netim. There was a court case in 1928 between the parties before the customary court Calabar in 1928 where the court decided that the two communities should live apart without any disturbance. There was another case in 1985 where there was a move to settle the case out of court. That gave rise to a terms of settlement. Another dispute arose again between the parties in 1992. This time it was the respondents who as plaintiffs took out a writ from the registry of the trial court on 5/3…