BARRISTER ATSU ANDREW IGBE (FOR HIMSELF AND ON BEHALF OF THE ESTATE OF LATE HON. CHIEF MADAM MARGARET AKAYI IFOP OF NO. 6 MOUNT CARMEL LANE, IGOLI, OGOJA) V. MARIA ILOM (MRS), SURVEYOR LIVINUS ALOHO AGI & GOVERNMENT OF CROSS RIVER STATE OF NIGERIA

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): The instant appeal is against the judgment of the High Court of Cross River State, Ogoja Judicial division, in suit No. HJ/39/2016 between Barrister Atsu Andrew Igbe and Maria Ilom Mrs, delivered on the 17th day of May, 2018 coram Elias O. Abua, whereof the suit was dismissed as lacking in proof.

By an amended writ of summons filed on the 9th of October, 2017, and the amended statement of claim filed along with the writ, the appellant as claimant before the trial Court sought for the following reliefs:

a) A declaration that the claimant is the owner and deemed holder of the statutory right of occupancy over a piece and parcel of land covered by the High Court of Justice of the Eastern region of Nigeria in suit no. E/38A/6, leasehold agreement registered as an instrument of the land registry office Calabar as SES/CAL/SDR/1704/74-75 at no.14 page 14 volume 45 and delineated on survey plan. IN/1617 of 20th March 1972 and affidavi…