OGANA IKADE & ANOR V. CHIEF BARNABAS IKONG OBOK

UZO I. NDUKWE-ANYANWU, J.C.A (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Cross River State sitting in Ogoja delivered on 14th October, 2010.

Briefly, the Respondent as claimant in the Court below claimed that in November, 2007 he fulfilled the Requisite customs and traditions and acquired the land in dispute from Wanele Community in Wanikande, Yala Local Government Area of Cross River State. He also claimed that the 1st Appellant as defendant trespassed on his land.

The elders of Wanikande intervened and affirmed the ownership of the Respondent. On 3rd August, 2009 when he was preparing to mould blocks and start building on the disputed land, the 1st Appellant encroached on the land again.

The Respondent, thereafter, took out a suit in the Customary Court NO.NUDC/20/2009 against the Appellant. Upon being served with the Summons, the Appellants made a report to the Area Command of the Nigeria police Force Ogoja who arrested and detai…