EYO OKON EYO AND ANOR. V. CHIEF AKINWUNMI RICKETTS

ROWLAND JCA (Delivering the Lead Judgment): This is an appeal against the ruling of Eneji, J. of the Cross River State High Court, sitting in Calabar Judicial Division, delivered on 9th day of August, 2001. The court granted an interlocutory order of injunction restraining the appellants from trespassing or continuing to trespass and to stop committing any other acts of trespass in any other form on the land, pending the determination of the suit. The facts of the case as borne by the records run thus:

The 1st appellant applied for a plot of land from 2nd appellant in 1992. The 2nd appellant after processing the 1st appellant’s application offered him a lease of the land in dispute. On the 17th September, 1993, the offer was accepted by the 1st appellant by making payment. On the part of the respondent, he also claimed to have been given a provisional offer of lease of the same plot by the 2nd appellant in 1997, four years after the 1st appellant claimed that he was allocated the plo…