EFFANGA EFFIOM HENSHAW V. EFFANGA ESSIEN EFFANGA & ANOR

JEAN OMOKRI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice O. Ita, C.J. of the Cross River State High Court of Justice sitting at Calabar in Suit No. C/211/82 delivered on the 6th of March, 2005.

By an amended statement of claim dated the 21st of December, 1984, the appellant claimed as follows:

"1. A declaration that the plaintiff is the person in whom was vested immediately before the commencement of the Land Use Act, 1978, the piece or parcel of land situate and lying within the Municipality of Calabar between Ebito and Adam Duke Street and abutting on the said Adam Duke Street and Mayne Avenue of the annual value of N10.00.

2. A declaration that the plaintiff is the person entitled to apply for and obtain the grant of a statutory right of occupancy in respect of the aforesaid piece of land.

3. A declaration that the purported alienation of roughly the north-eastern half of the said piece of land (i.e. the land-in-dispute) by…