JEAN OMOKRI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of Binang, J. of the High Court of Cross River State, sitting at Calabar in Suit No. HC/MISC/63/96 delivered on the 6/4/98, wherein the respondent was granted leave to prosecute his case in a representative capacity against the appellants.
The respondent had instituted proceedings against the appellants in Suit No. 210/25: Utang Nyok Esu v. Ekpeyong Ekpenyong Eyo II, before the Creek Town District Court in 1925 claiming ownership of Nyok Eyo land, lying and situate at Edik Iko, Creek Town, in Odukpani Local Government Area of Cross River State. Judgment was given in favour of the Eyo Ndem House. The present respondent alleged that the appellants trespassed into the land which title was given to Eyo Ndem House by the Creek Town District Court in Suit No. 210/25. Sequel to this, the respondent filed a motion ex parte before the trial court on 26/3/96, praying for an order granting leave to them …