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JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment).: This is an appeal against the judgment of the High Court of Cross-River State, Calabar Judicial Division delivered on the 28th day of March , 2013 by Hon. Justice Akon B. Ikpeme.
The appellants as plaintiffs had approached the trial Court via the instrumentality of a writ of summons wherein they claimed as follows:
1. A declaration that the plaintiffs are entitled to the Certificate of Occupancy over the land in dispute in plan No. JEJ/CR/11080.
2. An order of perpetual injunction restraining the defendants by themselves, their agents, assigns or servants from further interfering, entering upon or dealing with the said land in dispute in any manner whatsoever without the consent of the plaintiffs.
3. An order for account and return of all monies either paid out or collected over the land in dispute.
4. N15 million damages for trespass.
The two sides joined issues in their pleadings and at the end of the trial, …