MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This is a double barrel appeal with one of the barrels firing blanks as we shall see anon. The respondent as plaintiff commenced proceedings against the then defendants jointly and severally in the High Court of Cross River State, Ogoja Judicial Division, claiming declaration that he is entitled to exclusive possession, use and quiet enjoyment of the land in dispute and perpetual injunctive order of restraint, inclusive of N10 Million as general damages for trespass and '-" sundry costs. The suit was numbered/registered as Suit No.HJ/68/2001. The learned trial judge, Michael Edem, J. delivered his judgment thereon on 26th July, 2007 and ruling in respect of a motion to set aside the said judgment on 26th November, 2007.
The facts of the case are as follows: The respondent as plaintiff in the court below filed his writ of summons on 23rd July, 2001 and his statement of claim on 14s January, 2002. The reliefs claimed…