MADAM NKOYO NNANAH V. MR. ESSIEN USORO

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State sitting in Calabar delivered on the 24th day of November, 2010. The Appellant in this case substituted the former Appellant who was the defendant and counter-claimant in the trial court. The Respondent was the plaintiff and the claimed inter alia as follows:

"1. A declaration that the plaintiff is entitled to possession and statutory Right of Occupancy to the property situate and known as No.10A Bassey Street, Calabar, Cross River State which property is registered as No.77 in page 77 Volume 121 of the Register of Deed kept in the Lands Registry in the office of Calabar.

2. An order directing the defendant to vacate and deliver up physical possession of No.10A Bassey Street, Calabar, Cross River State being property of the plaintiff by virtue of transfer of ownership by a Deed of Assignment.

3. An order directing the refund of all rents amounti…