ETUBOM EWA NSA E. HENSHAW & ORS V. CHIEF EKENG EWA HENSHAW & ORS

CHIOMA EGONDU NWOSU-IHEME, JCA (DELIVERING THE LEADING JUDGMENT): The Appellants were the Defendants at the trial Court in an action commenced by a writ of summons dated 2nd July, 2009 filed by the Respondents herein as claimants. Judgment was entered against the Appellants in favour of the Respondents by S. M. Anjor, J, of the High Court of Cross River State, Akpabuyo Division on the 10th of March, 2014 wherein the said High Court awarded the claimants (now Respondents) declarations of title to land, damages for trespass and orders of injunction against the Appellants.

SUMMARY OF FACTS:

The Respondents sued the Appellants for declaratory orders that lands lying at Esit Ikot Nsidung village, Amaodung Ewa Ekeng village, and Esit Ikot Ekeng Ewa village were owned by the Respondents Ansa Ewa family. Orders of injunction to restrain the Appellants from interfering with those lands and Five Hundred Million Naira as general damages for trespass.

The case as presented by the Respondents (as Cla…