ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Cross River State, Calabar Division Coram Hon Justice Obojor A. Ogar, J., delivered on September 28, 2012, in which the learned Judge dismissed the claims of the Appellant.
The Appellant was the claimant before the lower Court. The subject matter of this appeal is a parcel of land situate at Itaken Street by Itaken Lane, Ikot Effanga Mkpa, Calabar Municipality. The land in issue was part of a large expanse of land owned by the Appellant, described as an illiterate. In 1979, the Appellant expressed his intention to lease out of the large expanse of land an area of 100 feet by 50 feet (450 squaremetres), to the Respondents, for term of 99 years and at the annual rent of N40.00 (forty Naira), being N3,960.00 (three thousand nine hundred and sixty Naira) only for the said term of 99 years. In furtherance of that intention, on November 14, 1979 the Appellant received the s…